PHILADELPHIA (AP) - A federal court has been considering Janet Jackson's ''wardrobe malfunction'' Wednesday -- from two perspectives.

CBS has gone to court to challenge a $550,000 fine from the Federal Communications Commission, arguing that it took many precautions before it aired a brief glimpse of Jackson's barely-covered breast.

Three federal appeals judges in Philadelphia must decide whether that moment from the 2004 Super Bowl halftime show was indecent, or merely an accidental glitch that shouldn't be punished.

A lawyer for CBS says the network chose Jackson and Justin Timberlake over more provocative performers and reviewed the script.

The FCC says CBS should have known ahead of time what it was going to broadcast. It also says Jackson's choreographer was quoted three days earlier as saying the performance would include "some shocking moments."