In a gift to legal bloggers everywhere, the Supreme Court has made sure that we will have Janet Jackson's infamous "wardrobe malfunction" to write about for some time to come.

The Court vacated a judgment of the Third Circuit Court of appeals and remanded the case back to the lower court for reconsideration in light of FCC v. Fox Tel. Stations, Inc., last week's opinion that upheld the FCC's decision to change its regulations of fleeting expletives.

The FCC fined CBS $550,000 for Jackson's breast-baring halftime show performance, but the Third Circuit overturned the fine after it determined that the agency had violated its own policy of treating words and images under the same standards for when considering claims of indecency. 

The Supreme Court has held in FCC v. Fox Tel. Stations, Inc. that the Federal Communications Commission did not act arbitrarily or capriciously when it created new regulations governing the broadcasting of "fleeting expletives."

The Court declined to rule on the constitutionality of the regulations, however, since the issue was not raised on appeal.  This opens up the possibility that the regulations might come before the court again on a constitutional challenge.