Janet Jackson Wardrobe Malfunction Case Continues

Who would have imagined one little nip slip could cause so much drama?

Despite the Third Circuit Court of Appeals' 2008 ruling that it was "arbitrary" and "capricious" for the U.S. Federal Communications Commission to fine CBS for the televised unveiling of Janet Jackson's breast during the 2004 Super Bowl halftime show, the U.S. Supreme Court has vacated that decision.

The FCC asked the Supreme Court to review the decision, and it has ordered that the case be reopened in light of the April 28 "FCC Vs. Fox Television Stations" ruling concerning profanity on television that threatens to fine broadcasters for the use of a curse word on TV.

It has also instructed the Philadelphia Third Circuit Court of Appeals to consider reimposing the FCC’s original $550,000 fine against CBS.

CBS is confident the fine won't be imposed, but it's still up to the courts to decide if such heavy fines violate the network's constitutional right to free speech. (Do the puritans who were so aghast about the sub-second nipple shot realize that constitutional can be broken down in parts to reveal the word "tit?")

Bringing sexy back has never been so complicated.