*A federal appeals court will take another look at the FCC fine it leveled against CBS over Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show.

The 3rd U.S. Circuit Court of Appeals in Philadelphia is expected to consider today whether the FCC’s $550,000 fine for the broadcaster over the breast flash is permissible, according to the Associated Press.

The U.S. Supreme Court last year directed the lower court to consider reinstating the fine, following a ruling in another case that said the FCC could threaten fines even for fleeting profanity.

The lower court threw out the fine in 2008, saying the FCC acted arbitrarily and capriciously in issuing the fine for the half-second of nudity.