The Federal Communications Commission is appealing its Janet Jackson indecency lawsuit to the U.S. Supreme Court, claiming a previous appeals ruling that tossed the case was wrong.
In July, the 3rd U.S. Circuit Court of Appeals in Philadelphia threw out the case and dropped the $550,000 fine against CBS, saying that the FCC rules give a pass to indecent images if they’re “fleeting.” But the FCC said their rules were incorrectly applied by the court.
Janet’s breast was exposed on television for less than two seconds during the Super Bowl halftime performance with Justin Timberlake in 2004.
The FCC said the court incorrectly applied a rule — since changed — regarding expletives that required a profanity be repeated before it is deemed indecent. The FCC contends the rule didn’t apply to images.
In other Janet news, UK’s Daily Star is claiming that Jackson will try her luck touring in Japan after having to scrap the remainder of her U.S. tour due (unofficially) to low ticket sales.
The outlet says she’ll perform four dates in the country between Feb. 14 and 22, 2009. Janet’s camp announced that a bout of “vertigo” forced her to cancel seven dates on her U.S. Rock Witchu tour, which supposedly could not be rescheduled due to “conflicts.”