Janet Jackson's "Wardrobe Malfunction" Case Headed To Supreme Court

Calling a lower court's decision flawed, The FCC has asked the Supreme Court to overturn the Janet Jackson Super Bowl halftime show decision.

The Third Circuit Court of Appeals in July threw out the FCC's $550,000 fine against CBS stations for the broadcast as arbitrary and capricious.

Apparently buoyed by the oral arguments in the Fox profanity appeal in the High Court earlier this month, the FCC, backed by the Department of Justice, filed a petition for a write of certiorari Wednesday, according to Andrew Schwartzman, president of Media Access Project, who received a copy of the petition.

But they also asked the court to hold the petition in abeyance until after it decides the Fox case.

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