FCC brings Janet Jackson Wardrobe Malfunction Case before the Supreme Court

The Janet Jackson wardrobe malfunction case is back, this time in the supreme court, a year after being tossed out as “fleeting” by a lower court of appeals.

The FCC is not backing down on the $550,000 fine it is trying to squeeze out of CBS after the 9/16 of a second Janet Jackson’s partially exposed breast spent being viewed by around 90,000,000 people around the world during the Superbowl XXXVIII half time show 4 years ago. After the case was tossed out of a lower court of appeals last year when the incident was deemed “fleeting,” the FCC is rehashing it once again.

According to Rolling Stone:

CBS said in a statement that they were confident the court would again find in their favor and drop the fine, arguing the network could not have anticipated what ultimately happened onstage between Jackson and Timberlake.

Since the infamous Janet Jackson wardrobe malfunction 4 years ago when cameras briefly caught Jackson’s partially exposed breast, over 500,000 complaints were received, leading superbowl organizers to actually discriminate against potential performers by only inviting classic rockers unlikely to spontaneously disrobe for its half-time shows, inviting Paul McCartney, the Rolling Stones, Prince, Tom Petty & the Heartbreakers, and most recently Bruce Springsteen and the E Street Band onto its stage.

So if you’re a music artist under 50 years of age and you have breasts, the chances of you ever performing at the superbowl are non-existent.