Dammit, Janet: Court day for 'wardrobe malfunction'

September 11, 2007 Janet Jackson shook up the Super Bowl halftime show more than 3 1/2 years ago, and Tuesday a federal appeals court will hear the case of her infamous "wardrobe malfunction." The 3rd U.S. Circuit Court of Appeals in Philadelphia will consider whether the incident in which singer Justin Timberlake ripped Jackson's garment and briefly bared her breast is punishable by the FCC. "Lacking any evidence to support the initial speculations about network complicity, the commission instead reached the illogical conclusion that the halftime show was designed to 'pander to, titillate and shock the viewing audience' despite the fact that Viacom did not plan the sole part of the performance the FCC says made it indecent, the 'costume reveal'; did not know about it in advance; did not sanction it (and would not have done so had it known); and took steps to prevent anything at odds with broadcast standards," CBS said in its appeal.

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.