Six years later the saga continues. Tuesday, CBS argued they should not be held responsible for the wardrobe malfunction during the 2004 NFL Superbowl half-time show with Janet Jackson and Justin Timberlake. At one point, the FCC fined CBS $550,000, which was later thrown out by the 3rd Circuit Court of Appeals in Philadelphia, only to have the U.S. Supreme Court pick the case up once again for review. The U.S. Supreme Court decided to review the case, based on the fact, the FCC could fine broadcasting companies over the use of a single curse word on live television.
The FCC argued, CBS was warned that the performance would be delivered with some sort of shock value; promised by Janet Jackson's choreographer. In CBS's defense, the FCC was creating informal decisions, effectively changing it's decency standards without proper disclosure. The FCC has been given time for more fact findings on the case. The final decision date for the case is unknown.
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