A federal appeals court on Tuesday will consider whether a notorious "wardrobe malfunction" that bared singer Janet Jackson's breast during a televised 2004 Super Bowl halftime show was indecent, or merely a fleeting and accidental glitch that shouldn't be punished.
The case is the second recent test of the federal government's powers to regulate broadcast indecency. Last June, a federal appeals court in New York invalidated the government's policy on fleeting profanities uttered over the airwaves.
The 3rd U.S. Circuit Court of Appeals in Philadelphia will hear arguments about the Feb. 1, 2004 halftime show when 90 million Americans watched singer Justin Timberlake pull off part of Janet Jackson's bustier, briefly exposing one of her breasts. The episode was later explained as a problem with her costume.