At long last, we no longer have to think about Janet Jackson's breast. The Supreme Court, fresh off its broadcast indecency decisions regarding fleeting expletives on Fox and brief nudity on ABC, said Friday it would not be taking up the infamous wardrobe malfunction case in its next term.
The court denied certiori to the Federal Communications Commission, which petitioned the court to take the case in April after the Third Circiut Court of Appeals tossed the FCC's broadcast indecency decision against CBS for the second time.
By refusing to take the case, the Third Circuit decision stands and CBS will not have to pay the FCC's $550,000 fine for the nine-sixteenths of a second when Jackson's breast was exposed during the Super Bowl halftime show in 2004.
CBS is breathing a sigh of relief. "We are gratified to finally put this episode behind us," the company said in a statement. "All we ever sought was an affirmation of the long-established policy of balanced, consistent and deliberate indecency enforcement the FCC had followed for decades before the incident. At every major turn of this process, the lower courts sided with us. And now that the Supreme Court has brought this matter to a close, we look forward to the FCC heeding the call for the very balanced enforcement which was the hallmark of the commission for many, many years."