Janet Jackson's 'wardrobe malfunction' may get Supreme Court hearing

janet-jackson-justin-timberlake-wardrobe-malfunction-getty.jpgThe infamous Janet Jackson "wardrobe malfunction" may make its way to the U.S. Supreme Court, this after the Federal Communications Commission and the Justice Department petitioned to appeal a lower court ruling.

The case dates back to the 2004 Super Bowl halftime show in which Justin Timberlake ripped off part of Jackson's outfit, revealing her right breast. The 3rd Circuit Court of Appeals had ruled in 2011 that the $550,000 fine levied against CBS was arbitrary and CBS stations were improperly penalized.

In their filing, the Justice Department says there is no "fleeting images exemption from indecency enforcement" and Jackson's nudity was "shocking and pandering." The two singers at the center of the case, Jackson and Timberlake, claim the whole thing was simply a "wardrobe malfunction."

If the court decides to hear the appeal, it would end up on their docket likely in early 2013.

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