WASHINGTON ( CNN ) -- The case of Janet Jackson 's `` wardrobe malfunction '' on national television -- and subsequent fines against CBS -- will be re-examined at the order of the Supreme Court . Justin Timberlake and Janet Jackson perform at the Super Bowl just before the infamous `` wardrobe malfunction . '' The justices Monday sent the case back to a federal appeals court in Philadelphia that had thrown out a $ 550,000 government fine against the broadcast network and its affiliates for airing the incident during halftime of the 2004 Super Bowl . The pop singer 's breast was briefly exposed during a performance with singer Justin Timberlake . After viewer complaints and national media attention , the Federal Communications Commission said the Jackson incident was obscene . In addition to CBS Inc. , 20 of its affiliates also were fined . Congress quickly reacted at the time to the visual shocker by increasing the limit on indecency fines tenfold , up to $ 325,000 per violation per network . And it said each local affiliate that aired such incidents also could be punished by the same amount . But the 3rd U.S . Circuit Court of Appeals concluded the communications commission had acted `` arbitrarily and capriciously . '' The Supreme Court 's action marks the second time in recent days that it has dealt with cases involving broadcast standards . Last week , the justices narrowly upheld the authority of the Federal Communications Commission to punish networks for airing profanity . The government clampdown on obscene images and words began in 2003 . Enforcement of the law , as well as fines and sanctions for the incidents , have been put on hold while the cases are being argued . The television networks say their scripted shows no longer air nudity , racy images or expletives , even after 10 p.m. , when some potentially vulgar words are permitted . They worry , however , about unplanned , often spontaneous indecent or profane incident at live events , such as awards shows and sporting events . Company officials say such programs are often on a five-second delay , and censors are on hand to bleep any offensive language . But some indecent words can slip through , they admit , and they want to be protected from heavy government fines . Critics call that laughable . `` This past summer , CBS edited into a show that had to go through multiple reviews , by multiple people in the organization , the F-word , '' said Tim Winter , who heads the Parents Television Council , and is supporting the FCC 's efforts . His group advocates `` responsible '' programming , and warns parents about questionable program content . The show in question was `` Big Brother 10 , '' a taped series . The Jackson incident was not on a five-second delay . CBS issued a statement Monday afternoon it is confident that the appeals court `` will again recognize that the Super Bowl incident , while inappropriate and regrettable , was not and could not have been anticipated by CBS . '' The issue is an important one `` for the entire broadcasting industry , '' it said , `` because it recognizes that there are rare instances , particularly during live programming , when despite best efforts it may not be possible to block unfortunate fleeting material . '' In the case involving profane language , the high court concluded 5-4 that the communications commission has the authority to sanction broadcast TV networks that air isolated incidents of profanity , known as `` fleeting expletives . '' But the justices in that case refused to decide whether the commission 's policy violates the First Amendment guarantee of free speech . It ruled only on their enforcement power . The justices ordered the free-speech aspect to be reviewed again by a federal appeals court . The `` wardrobe malfunction '' case is FCC v. CBS Corp. ( 08-653 ) .
U.S. Supreme Court has asked that ` ` wardrobe malfunction '' case be re - examined . Janet Jackson inadvertently flashed breast during Super Bowl halftime show in 1996 . CBS and several networks were fined ; appeals court disagreed with CBS . Media have clamped down on nudity , language ; still let some slips through .