Dammit, Janet: The Supreme Court on Monday ordered the Third Circuit to re-examine its ruling in favor of CBS Corp. over Janet Jackson’s “wardrobe malfunction.” The Court ordered the appellate court to consider reinstating the $550,000 fine that the FCC imposed on CBS over Jackson’s breast-baring performance at the 2004 Super Bowl. Click here for the AP story; here for Scotusblog’s roundup of this morning’s activity.

In a statement, CBS stated: “We are confident that in reviewing the case the Third Circuit will again recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS. This remains an important issue for the entire broadcasting industry because it recognizes that there are rare instances, particularly during live programming, when despite best efforts it may not be possible to block unfortunate fleeting material.”