Janet Jackson Superbowl Case Being Appealed

The Federal Communications Commission (FCC) is appealing the indecency case over Janet Jackson's 2004 Superbowl exposure to the Supreme Court.

The FCC was unhappy with the 3rd U.S. Circuit Court of Appeals' decision to dismiss the case and a potential $550,000 fine against the CBS Corporation back in July. It claims that the court misinterpreted a rule regarding expletives which has since been changed.

The rule requires a profanity be repeated before it is deemed indecent, but the FCC says that this does not apply to images, the Associated Press reports.

According to the New York Times, CBS said in a statement that it hoped the Supreme Court would "recognize there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts."

The FCC has another appeal pending with the Supreme Court involving a profanity said by Cher during a 2002 music awards show and by Nicole Ritchie during a 2003 awards show. It has asked the court to rule on this case first.