CBS which has already been fined $550,000 by the U. S. Federal Communications Commission for the split-second exposure of singer Janet Jackson's breast during the 2004 Super Bowl halftime show faced a new problem today.

Lawyers asked the appellate justices to uphold their July 2008 decision that the FCC's indecency policy was arbitrary and capricious.

The dispute over whether the FCC can fine broadcasters for momentary images involving nudity was reopened after a 2009 Supreme Court ruling in a case involving Fox Television and expletives uttered on two award shows by performers Cher and Nicole Richie.

Justin Timberlake, singing partner of Janet Jackson called the incident a wardrobe malfunction.