FCC takes Super Bowl case to U.S. Supreme Court

The Federal Communications Commission has asked the U.S. Supreme Court to review the indecency case over Janet Jackson's breast-baring performance at the 2004 Super Bowl.

The FCC this week appealed a ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a $550,000 fine against CBS Corp. in July.

The appellate court cited the FCC practice of not considering objectionable images indecent if they are "fleeting."

In Jackson's halftime show at the 2004 Super Bowl, which spawned the case, she briefly flashed a breast as she performed with Justin Timberlake.