'Wardrobe malfunction' heading to Supreme Court?

2:23 PM, Apr 19, 2012   |    comments
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If you blinked, you may have missed the now-infamous moment when Janet Jackson's breast was exposed on stage in front of a national TV audience at the Super Bowl half-time show in 2004.

The Federal Communications Commission slapped CBS with a $550,000 fine.

But CBS argued that it should not be held responsible for what the performers said was an accidental "wardrobe malfunction."

And last year, a federal appeals court ruled in CBS's favor, throwing out the fine, calling it "arbitrary."

So now the Obama administration is asking the Supreme Court to take up the case.

The Solicitor General believes nudity falls under FCC indecency rules.

CNN