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Court asked to decide if ‘wardrobe malfunction’ is indecent

jacksonjThe U.S. Supreme Court is already reviewing a case involving swear words uttered by the likes of Bono and Cher on national television. Could Janet Jackson’s infamous 2004 Super Bowl “wardrobe malfunction” also be the subject of high court scrutiny?

The Federal Communications Commission sure hopes so. The Agency is appealing a ruling by the 3rd Circuit Court of Appeals throwing out the case and denying the agency’s bid to impose more than a half-million dollars in fines against CBS, the network that aired the halftime entertainment show where the singer briefly bared a breast.

The appeals court held that “fleeting” images do not rise to the level of indecency.

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