Supreme Court may hear 'malfunction' case

WASHINGTON, Nov. 22 (UPI) -- U.S. Supreme Court justices could wind up reviewing singer Janet Jackson's breast-baring wardrobe malfunction during the 2004 Super Bowl, CBS says.

The Federal Communications Commission filed an appeal with the nation's highest court this week as it continues its efforts to collect $550,000 in fines it levied against CBS, the U.S. TV network that aired the live halftime show incident, The Hollywood Reporter said Friday.

The 3rd U.S. Circuit Court of Appeals ruled in CBS's favor in July, saying FCC officials inappropriately fined the network and its affiliates in the indecency case.

The performance ended with singer Justin Timberlake tearing off a portion of Jackson's outfit, exposing part of the singer's right breast for about a half second.

CBS said it is hopeful the Supreme Court will follow the appellate court's ruling and recognize the difficulty networks have censoring live broadcasts, the Reporter said.

"We hope the Supreme Court will recognize there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts," CBS said. "Doing so would help to restore the policy of restrained indecency enforcement the FCC followed for decades."