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Supreme Court ignores FCC's appeal in 'wardrobe malfunction' case

The Supreme Court decided Friday not to consider reinstating the government’s $550,000 fine on CBS for Janet Jackson’s infamous breast-bearing “wardrobe malfunction” at the 2004 Super Bowl. The high court refused to hear an appeal from the Federal Communications Commission over the penalty.

The 3rd U.S. Circuit Court of Appeals twice had thrown out the fine. The second time came after the Supreme Court upheld the FCC’s policy threatening fines against even one-time uses of curse words on live television.

The appeals court said FCC’s policy of excusing fleeting instances of indecent words and images appeared to change without notice in March 2004, a month after Jackson’s halftime act. The judges said that made the agency’s action against CBS “arbitrary and capricious.” But now, the FCC clearly has abandoned its exception for fleeting expletives, Chief Justice John Roberts said. “It is now clear that the brevity of an indecent broadcast — be it word or image — cannot immunize it from FCC censure,” he said. “Any future ‘wardrobe malfunctions’ will not be protected on the ground relied on by the court below.”

Read more:
Supreme Court throws out FCC fines for f-bombs
FCC appeals to Supreme Court in Janet Jackson case
EW Looks Back: Janet Jackson’s Super Bowl Shocker

Janet Jackson considering 'X Factor' gig?

Less than a week after X Factor creator/judge Simon Cowell admitted he had considered Whitney Houston for the show prior to her death, another diva has entered the fray. Reports have emerged that Janet Jackson may be taking one of the seats Paula Abdul and Nicole Scherzinger vacated earlier this year. Jackson has neither issued a confirmation nor denial yet, but she is scheduled to appear on Monday’s episode of Anderson and, from the looks of a preview, doesn’t seem closed off to the possibility.

According to People, CNN, and Billboard, when host Anderson Cooper broached the subject, Jackson responded obliquely, “No, I am not [currently a judge on The X Factor], but that’s all I really think I should say.” Cooper had but one word: “Intriguing.” Sources close to the singer have told EW that Jackson would like to join the show as a judge, though they cannot confirm whether there is a deal in the works or currently in place.

Below, try to deconstruct Jackson’s coy giggle in the preview for Monday’s episode of Anderson. READ FULL STORY

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