CBS fights '04 Jackson 'wardrobe malfunction' fine

After six years of legal wrangling and one Supreme Court review of Janet Jackson's infamous Super Bowl "wardrobe malfunction," CBS argued anew Tuesday that it should not be held responsible for the half-second of nudity.

The 3rd Circuit Court of Appeals in Philadelphia had thrown out the FCC's $550,000 fine against CBS as arbitrary, only to have the U.S. Supreme Court kick it back down for review. The Supreme Court pointed to its ruling in a Fox Television-led challenge, when it said the FCC could threaten fines over the use of a single curse word on live TV. The FCC argued Tuesday that CBS was duly warned that its 2004 halftime performers might add some shock value to the act. Jackson's choreographer had promised as much, FCC lawyer Jacob Lewis said. During the act, singer Justin Timberlake ripped off Jackson's bustier, exposing her breast for nine-sixteenths of a second.