FCC appeals 'wardrobe malfunction' to Supr. Ct.

PHILADELPHIA, PA -- Janet Jackson's breast-baring performance at the 2004 Super Bowl is still making news. The Federal Communications Commission is asking the U.S. Supreme Court to review the FCC's indecency decision in the case.

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A federal appeals court in July threw out a $550,000 fine the commission has levied against CBS. The appeals panel noted that the FCC usually didn't consider images indecent if they were only "fleeting." But the FCC says the court referred to a rule meant to apply to profanity, not pictures.

At the time of the Jackson Super Bowl incident, broadcasters typically did not use a video delay for live events. Now they do.

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