FCC continues fight for Jackson fine

November 21, 2008 The FCC's battle to collect fines from CBS over Janet Jackson's infamous "wardrobe malfunction" during the 2004 Super Bowl halftime show could be heading to the U.S. Supreme Court. Earlier this week, the FCC filed a petition for review with the nation's high court asking to overturn the 3rd Circuit Court of Appeal's July decision that the commission and chair Kevin Martin "acted arbitrarily and capriciously" in fining CBS stations $550,000 for airing Jackson's right breast during the Super Bowl show. The question presented by the FCC is whether the court of appeals erred in its ruling "in determining that the most widely viewed broadcast of public nudity in television history fell within the federal prohibitions on broadcast indecency."

Subscribe to the Hollywood Reporter and see the entertainment industry from its best angle: the inside looking out. Complete access to real-time news and exclusive analysis that goes behind the scenes from film to television, home video to digital media.

   Subscribe now.