PHILADELPHIA – After six years of legal wrangling and one Supreme Court review of Janet Jackson's infamous Super Bowl "wardrobe malfunction," CBS argued anew Tuesday that it should not be held responsible for the half-second of nudity.

The 3rd Circuit Court of Appeals in Philadelphia had thrown out the FCC's $550,000 fine against CBS as arbitrary, only to have the U.S. Supreme Court kick it back down for review. The Supreme Court pointed to its ruling in a Fox Television-led challenge, when it said the FCC could threaten fines over the use of a single curse word on live TV.

The FCC argued Tuesday that CBS was duly warned that its 2004 halftime performers might add some shock value to the act. Jackson's choreographer had promised as much, FCC lawyer Jacob Lewis said. During the act, singer Justin Timberlake ripped off Jackson's bustier, exposing her breast for nine-sixteenths of a second.

"There were considerable alarm bells about deviating from the script," Lewis told the 3rd Circuit panel. "CBS had a duty to investigate."

CBS complained that the FCC had previously applied the same decency standards to words and images — and excused fleeting instances of both.

Judge Marjorie Rendell seemed to agree, noting that the FCC could have stated in its rules that nudity was another thing entirely from bad language.

"(The FCC) had the opportunity to say nudity is different. They didn't," she said. "I'm trying to figure out how CBS or anyone else can be put on notice ... when the FCC does not draw any distinction at all between the two fleeting things."

Lewis replied that the duration of the offense is not the only factor, but must be weighed along with the content of the material, in this case Jackson's bare breast.

"They have no argument that the image was not indecent," he said. "While fleeting, it was patently offensive."

The three-judge panel is the same one that heard CBS' original appeal of the FCC fine, siding with the network in 2008. The judges noted the Supreme Court's directive to review their handiwork. Yet they peppered CBS for other angles that might support their decision.

Corn-Revere complained that the FCC, through ad hoc decisions, was effectively changing its decency standards without telling anyone. What's more, he said, the agency applies them capriciously.

"So if the 3rd Circuit got it wrong in our first opinion, how could CBS be expected to get it right?" Chief Judge Anthony Scirica asked.

The Fox Network case involves brief profanities uttered by entertainers Bono, Nicole Richie and Cher, sometimes on award shows.

The 3rd Circuit judges could remand the CBS case to the FCC for more fact finding. They did not indicate when they would rule.

Organizers revealed the full lineup for the 2010 Bonnaroo Music and Arts Festival, scheduled for June 10-13 in Manchester, Tennessee.

» Dave Matthews Band
» Kings of Leon
» Stevie Wonder
» Jay-Z
» Tenacious D
» Weezer
» The Flaming Lips with Stardeath and White Dwarfs perform Dark Side of the Moon
» The Dead Weather
» Damian Marley and Nas
» Phoenix
» Norah Jones
» Michael Franti & Spearhead
» John Fogerty
» Regina Spektor
» Jimmy Cliff
» LCD Soundsystem
» The Avett Brothers
» Thievery Corporation
» Rise Against
» Tori Amos
» The National
» Zac Brown Band
» Les Claypool
» John Prine
» The Black Keys
» Steve Martin & the Steep Canyon Rangers
» Jeff Beck
» Dropkick Murphys
» She & Him
» Against Me!
» The Disco Biscuits
» Daryl Hall and Chromeo
» Jamey Johnson
» Clutch
» Bassnectar
» Kid Cudi
» Baaba Maal
» Kris Kristofferson
» Medeski Martin & Wood
» The XX
» Gwar
» Dan Deacon Ensemble
» Tinariwen
» Wale
» Deadmau5
» The Melvins
» Gaslight Anthem
» Miike Snow
» Nitty Gritty Dirt Band
» Dr. Dog
» They Might Be Giants
» Punch Brothers
» Isis
» Blitzen Trapper
» Blues Traveler
» Miranda Lambert
» Calexico
» OK Go
» Trombone Shorty & Orleans Avenue
» Martin Sexton
» Lotus
» Baroness
» Dave Rawlings Machine
» Mayer Hawthorne and the County
» Japandroids
» Jay Electronica
» Edward Sharpe & the Magnetic Zeros
» Ingrid Michaelson
» The Dodos
» Manchester Orchestra
» The Temper Trap
» Cross Canadian Ragweed
» Carolina Chocolate Drops
» Tokyo Police Club
» The Entrance Band
» Local Natives
» Brandi Carlile
» Mumford & Sons
» Rebelution
» Diane Birch
» Monte Montgomery
» Julia Nunes
» The Postelles
» Lucero
» Here We Go Magic
» Hot Rize
» Neon Indian
» B.o.B
» Needtobreathe

Rather than announce the full lineup, organizers broke from tradition and revealed each performer individually on the Bonnaroo MySpace page, a decision that was as time-consuming as it was brilliant.

According to a spokesperson for the festival, the full lineup will swell to some 125 acts and over 20 comedians, performing on 13 different stages. Tickets for the 2010 edition of Bonnaroo are already on sale at the fest's Web site, with a four-day pass costing $234.50. There are also RV passes available, and a super-deluxe "Total Access" package, which offers 24hr-concierge service, onstage viewing for all performances and complimentary food. As in previous years, organizers are also giving attendees the option to purchase tickets on an installment plan.

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