The nearly five-year-old Janet Jackson breast-baring incident at the 2004 Super Bowl may come before the U.S. Supreme Court if the high court assents to a request by the Federal Communications Commission to review a lower-court ruling overturning the agency's $550,000 fine against CBS for airing the incident. Earlier this month the justices heard arguments in a similar case involving Fox broadcasting in which the principal issue involved "fleeting expletives" that were uttered during a 2002 awards show by Cher and during a 2003 awards show by Nicole Richie. In petitioning the court on the Janet Jackson case, U.S. Solicitor Gen. Gregory G Garre, representing the FCC, proposed that it not decide whether to review the lower court ruling until after it reached a decision in the Fox case.