Jackson's right breast was exposed when her co-performer Justin Timberlake tore off a piece of her costume during the Super Bowl half-time entertainment.
Dubbed a "storm in a D-cup", .
The Supreme Court has asked the 3rd US Circuit Court of Appeals to look again at the verdict it made last July in light of another case this time involving the FCC and Fox Television.
In that case it ruled that US regulators can impose fines on TV and radio broadcasters for allowing "fleeting expletives" to be broadcast.
Nudity on network television is one of the last frontiers and remains a strict no-gone zone, which, five years later, explains why "Nipplegate" rumbles on.
During her performance Janet Jackson, younger sister of Michael, exposed her breast for a fraction of a second to around 90m viewers.
It prompted outrage from the public, politicians and regulators alike who promised a crackdown.
CBS did apologies and blamed Jackson for exposing herself, but in September 2004 it appealed against the fine.
when the appeal court said the FCC had "arbitrarily and capriciously departed from its prior policy" that excused fleeting broadcast material from actionable indecency violations.
Chief Judge Anthony Scirica said at the time: "Like any agency, the FCC may change its policies without judicial second-guessing.
"But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."
Timberlake later described it as a "wardrobe malfunction" and the incident was dubbed "Nipplegate" after the uproar it caused.
CBS was fined the maximum of $27,500 for each of its 20 affiliate stations that aired the broadcast.
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