Washington, D.C. ? The Supreme Court on Monday ordered a federal appeals court to re-examine its ruling in favor of CBS Corp. in a legal fight over entertainer Janet Jackson’s wardrobe malfunction.

The high court on Monday directed the 3rd U.S. Circuit Court of Appeals in Philadelphia to consider reinstating the $550,000 fine that the Federal Communications Commission imposed on CBS over Jackson’s breast-baring performance at the 2004 Super Bowl.

The order follows the high court ruling last week that narrowly upheld the FCC’s policy threatening fines against even one-time uses of profane words on live television.

In a statement, CBS said the Supreme Court’s decision was not a surprise given last week’s ruling and expressed confidence the court will again find the incident was not and could not have been anticipated by the network.