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Super Bowl XXXVIII halftime show controversy

 
Super Bowl XXXVIII Halftime Show Controversy

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Super Bowl XXXVIII halftime show controversy



 
 
Super Bowl XXXVIII
Super Bowl XXXVIII

Super Bowl XXXVIII was an American football game played on February 1, 2004 at Reliant Stadium in Houston, Texas to decide the National Football League champion following the 2003 NFL season....
, which was broadcast live
Broadcasting

Broadcasting is distribution of Sound and/or video Signalling s which transmit programs to an audience. The audience may be the general public or a relatively large sub-audience, such as children or young adults....
 on February 1, 2004 from Houston, Texas
Texas

Texas is a U.S. state located in the South Central United States, nicknamed the Lone Star State. Texas is the second largest U.S. state in both area and population, spanning , and with a growing population of 24.3 million residents....
 on the CBS
CBS

CBS Broadcasting Inc. is an American radio network and television network. The name is derived from the initials of Columbia Broadcasting System, its former legal name....
 television network in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, was noted for a controversial halftime show
Halftime show

A halftime show is a performance given between the first and second halves or the 2nd and 3rd quarters of a sporting event. Halftime shows are not given for sports with an irregular or indeterminate number of divisions , or for sports that don't stop....
 in which Janet Jackson
Janet Jackson

Janet Damita Jo Jackson is an American recording artist and actress. Born in Gary, Indiana and raised in Encino, Los Angeles, California, she is the youngest child of the Jackson family of musicians....
's breast
Breast

The breast is the upper ventral region of an animal?s torso, particularly that of mammals, including human beings. The breasts of a female primate?s body contain the mammary glands, which secrete milk used to feed infants....
, which had the nipple
Nipple

In its most general form, a nipple is a structure from which a fluid emanates. More specifically, it is the projection on the breasts of a mammal by which breast milk is delivered to a mother's young....
 completely uncovered, was exposed by Justin Timberlake
Justin Timberlake

Justin Randall Timberlake is an United Statesn pop music singer-songwriter, record producer, dancer and actor. He has won six Grammy Awards as well as an Emmy Award....
 for exactly 9/16 of a second, in what was later referred to as a "wardrobe malfunction
Wardrobe malfunction

A wardrobe malfunction is an instance of accidental indecent exposure of intimate parts. It is different from Exhibitionism, which implies a deliberate exposure....
". The incident, sometimes referred to as Nippletapegate, was widely discussed. Along with the rest of the halftime show, it led to an immediate crackdown and widespread debate on perceived indecency in broadcasting, and resulted in a record $550,000 fine levied by the Federal Communications Commission
Federal Communications Commission

The Federal Communications Commission is an Independent agencies of the United States government, created, directed, and empowered by United States Congress statute , and with the majority of its commissioners appointed by the current President of the United States....
 (FCC) against CBS, as well as an increase of the FCC fine per indecency violation from $27,500 to $325,000.






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Super Bowl XXXVIII
Super Bowl XXXVIII

Super Bowl XXXVIII was an American football game played on February 1, 2004 at Reliant Stadium in Houston, Texas to decide the National Football League champion following the 2003 NFL season....
, which was broadcast live
Broadcasting

Broadcasting is distribution of Sound and/or video Signalling s which transmit programs to an audience. The audience may be the general public or a relatively large sub-audience, such as children or young adults....
 on February 1, 2004 from Houston, Texas
Texas

Texas is a U.S. state located in the South Central United States, nicknamed the Lone Star State. Texas is the second largest U.S. state in both area and population, spanning , and with a growing population of 24.3 million residents....
 on the CBS
CBS

CBS Broadcasting Inc. is an American radio network and television network. The name is derived from the initials of Columbia Broadcasting System, its former legal name....
 television network in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, was noted for a controversial halftime show
Halftime show

A halftime show is a performance given between the first and second halves or the 2nd and 3rd quarters of a sporting event. Halftime shows are not given for sports with an irregular or indeterminate number of divisions , or for sports that don't stop....
 in which Janet Jackson
Janet Jackson

Janet Damita Jo Jackson is an American recording artist and actress. Born in Gary, Indiana and raised in Encino, Los Angeles, California, she is the youngest child of the Jackson family of musicians....
's breast
Breast

The breast is the upper ventral region of an animal?s torso, particularly that of mammals, including human beings. The breasts of a female primate?s body contain the mammary glands, which secrete milk used to feed infants....
, which had the nipple
Nipple

In its most general form, a nipple is a structure from which a fluid emanates. More specifically, it is the projection on the breasts of a mammal by which breast milk is delivered to a mother's young....
 completely uncovered, was exposed by Justin Timberlake
Justin Timberlake

Justin Randall Timberlake is an United Statesn pop music singer-songwriter, record producer, dancer and actor. He has won six Grammy Awards as well as an Emmy Award....
 for exactly 9/16 of a second, in what was later referred to as a "wardrobe malfunction
Wardrobe malfunction

A wardrobe malfunction is an instance of accidental indecent exposure of intimate parts. It is different from Exhibitionism, which implies a deliberate exposure....
". The incident, sometimes referred to as Nippletapegate, was widely discussed. Along with the rest of the halftime show, it led to an immediate crackdown and widespread debate on perceived indecency in broadcasting, and resulted in a record $550,000 fine levied by the Federal Communications Commission
Federal Communications Commission

The Federal Communications Commission is an Independent agencies of the United States government, created, directed, and empowered by United States Congress statute , and with the majority of its commissioners appointed by the current President of the United States....
 (FCC) against CBS, as well as an increase of the FCC fine per indecency violation from $27,500 to $325,000. Additionally, some commentators saw the halftime show as a sign of decreasing morality in the national culture.

The halftime show was produced by MTV
MTV

MTV is an United States cable television network based in Media of New York City. Launched on August 1, 1981, the original purpose of the channel was to play music videos guided by on-air hosts known as VJ ....
; at the time, both MTV and CBS were owned by the media group Viacom
Viacom (1971-2005)

The original Viacom began life as CBS Films, Inc., the television television syndication division of CBS. In 1971, the division was renamed VIACOM , and in 1973 it was spun off, amid new Federal Communications Commission rules forbidding television networks from owning syndication companies ....
 (as of January 2006, the Viacom companies have been split into separate entities, with CBS becoming part of the CBS Corporation
CBS Corporation

CBS Corporation is an United States media conglomerate focused on broadcasting, publishing, billboards, and television production, with most of its operations in the United States....
 and MTV becoming part of the new Viacom
Viacom

Viacom , short for "Video & Audio Communications", is an United States media conglomerate with various worldwide interests in cable television and satellite television networks , and movie production and distribution ....
 group. Both companies are owned by National Amusements
National Amusements

National Amusements, Inc. is a privately owned media and entertainment company based in Dedham, Massachusetts, USA. The company was founded in 1936 as the Northeast Theatre Corporation by Michael Redstone....
). Following the incident, the NFL announced that MTV
MTV

MTV is an United States cable television network based in Media of New York City. Launched on August 1, 1981, the original purpose of the channel was to play music videos guided by on-air hosts known as VJ ....
, which also produced the halftime show for Super Bowl XXXV
Super Bowl XXXV

Super Bowl XXXV was played on January 28, 2001 at Raymond James Stadium in Tampa, Florida to decide the National Football League champion following the 2000 NFL season....
, would never be involved in another halftime show.

Since November 2004, CBS has challenged its fine for the halftime show on the grounds that the broadcast was unintentional and thus exempt from indecency regulation. In July 2008, the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit

The United States Court of Appeals for the Third Circuit is a United States federal court with appellate jurisdiction over the United States district court for the following United States federal judicial district:...
 voided the FCC's fine.

Controversial incidents

Among several other acts, Janet Jackson and Justin Timberlake performed a medley of Jackson's songs "All for You"
All for You (song)

"All for You" is a song by American contemporary R&B-pop music singer Janet Jackson from her seventh studio album, All for You . Released as the album's lead single in March 2001, the song went on to top the Billboard Hot 100 for seven weeks, and also reached the top five and the top ten of the majority of the charts....
 and "Rhythm Nation"
Rhythm Nation

"Rhythm Nation" is the second single from United States contemporary R&B/pop music singer Janet Jackson's fourth studio album, Janet Jackson's Rhythm Nation 1814 ....
 and Timberlake's song "Rock Your Body"
Rock Your Body

"Rock Your Body" is the third single from Justin Timberlake's solo debut album Justified. The song features Vanessa Marquez . She was at that time to Star Trak Entertainment....
 during the halftime show. The performance featured many suggestive dance moves by both singers, and as Timberlake reached his final line of "Rock Your Body", "I'm gonna have you naked by the end of this song," Timberlake pulled off a part of Jackson's costume, revealing her right breast, clearly covered by a nipple shield, for nine-sixteenths of a second. In the immediate aftermath of the incident, the CBS broadcast cut to an aerial view of the stadium but was unable to do so before the picture was sent to millions of viewers' televisions.

Besides Jackson's exposure, the show's other performances included gestures by the rapper Nelly
Nelly

Cornell Iral Haynes, Jr. , better known by his stage name Nelly, is an American rapping, singing, actor and entrepreneur. He has performed with the rap group St....
 toward his crotch and the musician Kid Rock
Kid Rock

Robert James Ritchie , known by his stage name Kid Rock, is a rapper turned singer/songwriter with five Grammy nominations. He was born in Romeo, Michigan on January 17, 1971....
 appearing in a poncho made from a slitted American flag, which he later tossed into the crowd.

Public reaction


United States

In the United States, the exposure of Jackson's nipple shield led to much media controversy and headlines. Media watchdog group Parents Television Council
Parents Television Council

The Parents Television Council is a United States-based nonprofit organization founded by conservative activist L. Brent Bozell III. With a stated goal to "promote and restore responsibility to the entertainment industry", the Council seeks to inform parents of television programs or other entertainment products that it considers beneficial...
 issued a statement that same day condemning the halftime show, announcing that their members would file indecency complaints with the FCC and the council supported the FCC's decision to investigate the halftime show immediately. In addition, the FCC received nearly 540,000 complaints from Americans, with the PTC claiming responsibility for around 65,000 of them. In its appeal to the Third Circuit Court, CBS disputed how many of the complaints were filed by individual, non-organized viewers. Columnists L. Brent Bozell III and Phyllis Schlafly
Phyllis Schlafly

Phyllis McAlpin Stewart Schlafly is an United States American conservatism political activist and U.S. Constitution attorney known for her antifeminism and the Equal Rights Amendment....
 also expressed criticism of the halftime show in their respective weekly columns. Democratic
Democratic Party (United States)

The Democratic Party is one of two major party contemporary political parties in the United States, along with the Republican Party . It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world....
 senator Zell Miller
Zell Miller

Zell Bryan Miller is an United States politician from the U.S. state of Georgia . Elected as a Democratic Party , Miller served as Lieutenant Governor from 1975 to 1990, List of Governors of Georgia from 1991 to 1999, and as United States Senate from 2000 to 2005....
 of Georgia
Georgia (U.S. state)

Georgia is a U.S. state in the United States and was one of the original Thirteen Colonies that revolted against United Kingdom rule in the American Revolution....
, both on the floor of the United States Senate
United States Senate

The United States Senate is the upper house of the Bicameralism United States Congress, the lower house being the United States House of Representatives....
 and an editorial on Salon.com
Salon.com

Salon.com, part of Salon Media Group , often just called Salon, is an online magazine, with content updated each weekday. Modern liberalism in the United States politics of the United States is its major focus, but it covers a range of issues....
, denounced the halftime show as what he perceived as declining morality in America. On the day immediately following the Super Bowl, then-FCC chairman Michael Powell
Michael Powell (politician)

Michael Kevin Powell is an United States United States Republican Party politician. He was appointed to the Federal Communications Commission by President of the United States Bill Clinton on 3 November 1997....
 ordered an investigation into the halftime show. Timberlake told KCBS-TV
KCBS-TV

KCBS-TV is the owned and operated station station of the CBS Television Network located in Los Angeles, California. KCBS-TV shares its offices and studio facilities with sister station KCAL-TV inside CBS Studio Center in the Studio City, Los Angeles, California section of Los Angeles, and its transmitter is located atop Mount Wilson ....
 a few days following the Super Bowl that even his own family was offended by the Super Bowl mishap. However, an Associated Press
Associated Press

The Associated Press is an Media of the United States news agency. The AP is a cooperative owned by its contributing newspapers, Radio station and Television station stations in the United States, which both contribute stories to the AP and use material written by its staffers....
 poll taken nearly three weeks after the Super Bowl found that although 54% of American adults considered the exposure distasteful, only 18% supported the FCC's investigation.

Michael Powell Politician
The Super Bowl controversy was also a subject of comedy all across the late-night television shows. For example, CBS's own Late Show with David Letterman
Late Show with David Letterman

The Late Show with David Letterman is an American late-night television talk show hosted by David Letterman on CBS. The show debuted on August 30, 1993, and is produced by Letterman's production company, Worldwide Pants Incorporated....
 mocked the incident all week following the Super Bowl. Host Letterman
David Letterman

David Michael Letterman is an United States comedian, known for hosting the Late Show with David Letterman on CBS since 1993. Letterman's Irony, often Surreal humour comedy is heavily influenced by former The Tonight Show hosts Steve Allen, Johnny Carson and Jack Paar....
 jokingly commentated on the controversy the day after the Super Bowl that he "was happy to see this thing happen...because that meant for one night I wasn't the biggest boob
Idiot

Idiot is a word derived from the Greek language , idiotes , from , idios . In Latin the word idiota preceded the Late Latin meaning "uneducated or ignorant person." Its modern meaning and form dates back to Middle English around the year 1300, from the Old French idiote ....
 on CBS
CBS

CBS Broadcasting Inc. is an American radio network and television network. The name is derived from the initials of Columbia Broadcasting System, its former legal name....
." The next day, he also joked that President George W. Bush
George W. Bush

George Walker Bush served as the List of Presidents of the United States President of the United States from 2001 to 2009. He was the 46th List of Governors of Texas from 1995 to 2000 before being United States presidential inauguration as President on January 20, 2001....
 formed a "Department of Wardrobe Security" to prevent further wardrobe malfunctions like this. On February 4, Letterman opened his monologue by joking about having a wardrobe malfunction
Wardrobe malfunction

A wardrobe malfunction is an instance of accidental indecent exposure of intimate parts. It is different from Exhibitionism, which implies a deliberate exposure....
. Additionally, the Top Ten Lists featured on the program on that same night and two nights later briefly referenced the incident.

In an advertisement for the February 7, 2004 episode of Saturday Night Live
Saturday Night Live

Saturday Night Live is a weekly late-night 90-minute American sketch comedy/variety show filmed in New York City. It made its debut on October 11, 1975....
, host Megan Mullally
Megan Mullally

Megan Mullally is an American actress, talk show host and singer.After working in theatre in Chicago, Mullally moved to Los Angeles in 1981, and appeared in small or supporting roles in film and television productions....
 explains that she will get the episode's musical guest, Clay Aiken
Clay Aiken

Clay Aiken is an United States American popular music singer who began his rise to fame on the American Idol of the television program American Idol in 2003....
, "naked by the end of this promo". She proceeds to rip a piece of Aiken's shirt off, revealing a similar nipple shield, and she begins rubbing against Aiken in a sexually suggestive manner. Aiken replies, shocked, "that was NOT supposed to happen". South Park
South Park

South Park is an United Statesn animation situation comedy, notorious for its toilet humour, surrealism, and often black comedy, which satirizes Subject matter in South Park including religion, politics, violence, abuse, sexuality, and mental disorder....
 took aim at the hysteria in its eighth season premiere, "Good Times With Weapons
Good Times with Weapons

"Good Times with Weapons" is episode 112 of South Park. The first episode of Season 8, it originally aired on March 17, 2004, which creators Trey Parker and Matt Stone jokingly referred to in their DVD commentary as "The Year From Hell"....
", on March 17 of that year when Eric Cartman
Eric Cartman

Eric Theodore Cartman , is one of the four main List of South Park characterss on the animation television series South Park, along with fellow protagonists Stan Marsh, Kyle Broflovski, and Kenny McCormick, though he is often portrayed as the series' main antagonist in opposition of his friends....
 sneaks across a stage in the nude and later blames the incident on a "wardrobe malfunction." The townspeople are angered by Cartman's display, rather than feeling concern for a horribly mutilated and disoriented character (Butters
Butters Stotch

Leopold "Butters" Stotch is a fictional character in the List of animated television series South Park.Voiced by series co-creator Matt Stone, Butters is a nine-year-old fourth grader attending elementary school in his hometown of the fictional South Park, Colorado....
) who is also present on stage, referring to the acceptance of violence and the taboo against sexual references. In the 2004 MTV Video Music Awards
MTV Video Music Awards

The MTV Video Music Awards were established in the end of the summer of 1984 in television by MTV to celebrate the top music videos of the year....
, comedian Dave Chappelle
Dave Chappelle

David Khari Webber Chappelle , better known as Dave Chappelle, is an American comedian, screenwriter, television producer/film producer, and actor....
 jokingly told MTV that his appearance in the VMA was "the biggest mistake since you put Janet Jackson on the Super Bowl.". Family Guy
Family Guy

Family Guy is an animated cartoon Television in the United States Situation comedy created by Seth MacFarlane that airs on Fox Broadcasting Company and regularly on other television networks in syndication....
 also did an episode based around this "wardrobe malfunction". The episode "PTV
PTV

PTV can refer to:*Pakistan Television Corporation, is Pakistan's national television broadcaster*PTV , an Emmy-nominated Family Guy episode...
" involved actor David Hyde Pierce
David Hyde Pierce

David Hyde Pierce is an Emmy Award- and Tony Award-winning United States actor, best known for his role as psychiatrist Niles Crane on the NBC sitcom Frasier....
 having a trouser malfunction at the Emmys. The episode would eventually go on to the FCC overreacting upon the incident, and censoring anything that may be offensive to Americans - as well as eventually censoring real-life.

The halftime show continued to be a subject of discussion in 2005. At the beginning of 2005, the parody
Parody

A parody , in contemporary usage, is a work created to mock, comment on, or poke fun at an original work, its subject, or author, or some other target, by means of humorous, satiric or ironic imitation....
 newspaper The Onion
The Onion

'The Onion' is an United States "news satire" organization. It features satire articles reporting on international, national, and local news as well as an entertainment newspaper and website known as The A.V....
 ran as its headline article for January 26, 2005, "U.S. Children Still Traumatized One Year After Seeing Partially Exposed Breast On TV". The article's satirical target was the nation's reaction to the incident, rather than the incident itself. On February 1, 2005, exactly one year after the halftime show, the PTC released a report titled MTV Smut Peddlers: Targeting Kids with Sex, Drugs, and Alcohol, covering MTV programming during the network's "Spring Break" week from March 20 to 27, 2004, accusing MTV of irresponsibly promoting sex, drugs, and alcohol to impressionable youth. In response to the report, MTV network executive Jeannie Kedas argued that the report "underestimates young people's intellect and their level of sophistication." On February 6, however, New York Times columnist Frank Rich
Frank Rich

Frank Rich is a New York Times columnist who focuses on American politics and American popular culture. His column ran on the front page of the Sunday Arts & Leisure section from 2003 to 2005; it now appears in the expanded Sunday Week in Review section....
 argued that censorship
Censorship

Censorship is the suppression of freedom of speech or deletion of communicative material which may be considered objectionable, harmful or sensitive, as determined by a censor....
 on television was becoming more prevalent following the halftime show in his February 6, 2005 column "The Year of Living Indecently". Examples he cited included more than sixty affiliates of ABC refusing to broadcast Saving Private Ryan
Saving Private Ryan

Saving Private Ryan is a 1998 in film Cinema of the United States war film set during the Invasion of Normandy of Normandy in World War II. It was film director by Steven Spielberg and Screenplay by Robert Rodat....
 due to the profanity
Profanity

The original meaning of the adjective profane referred to items not belonging to the church, e.g. "The fort is the oldest profane building in the town, but the local monastery is older, and is the oldest sacred building," or "besides designing churches, he also designed many profane buildings"....
 prevalent throughout the film, which was to be aired unedited in its entirety by the network and PBS editing obscene language out of certain programs as the film Dirty War
Dirty War (film)

Dirty War is a 2004 BBC, in association with HBO Films, Television movie Thriller /drama about a terrorist attack on Central London, written by Lizzie Mickery and Daniel Percival....
.

Abroad

In Canada, where the show was broadcast by Global Television Network
Global Television Network

Global Television Network is a Canadian English language privately owned television network. It is owned by Canwest Media Inc., a division of Canwest which is headquartered in Winnipeg, Manitoba....
, the incident passed largely without controversy: only about 50 Canadians complained about the incident to the Canadian Broadcast Standards Council
Canadian Broadcast Standards Council

The Canadian Broadcast Standards Council is an independent, non-governmental organization created by the Canadian Association of Broadcasters to administer standards established by its members, Canada's private broadcasters....
 (CBSC). CBSC received roughly twice as many complaints about other aspects of the Super Bowl broadcast, including music and advertising issues (though some of those complaints were about Canadian content
Canadian content

Canadian content refers to the Canadian Radio-television and Telecommunications Commission requirements that radio and television Broadcasting must air a certain percentage of content that was at least partly written, produced, presented, or otherwise contributed to by persons from Canada....
/simsub
Simultaneous substitution

Simultaneous substitution is a sometimes controversial practice mandated by the Canadian Radio-television and Telecommunications Commission requiring cable television, direct broadcast satellite and multichannel multipoint distribution service television distribution companies to substitute a regional free-to-air television signal over a fo...
 issues preventing viewing of the popular American ads). Professor Robert Thompson
Robert Thompson (professor)

Robert J. Thompson is an American educator.Thompson is the Trustee Professor of Television and Popular Culture at the S.I. Newhouse School of Public Communications at Syracuse University and founding director of the Bleier Center for Television and Popular Culture....
, director of the Center for the Study of Popular Television at Syracuse University
Syracuse University

Syracuse University is a private research university located in Syracuse, New York, New York. It was founded as a university in 1870, but its roots can be traced back to a seminary founded by the Methodist Episcopal Church in 1832 which eventually became Genesee College....
, was quoted by Peter Bowes of BBC News
BBC News

BBC News, formerly BBC News and Current Affairs, is the department within the BBC responsible for the corporation's news-gathering and production of news programmes on BBC television, radio and online....
 as speculating: "I know many people in other countries are scratching their heads and thinking 'What in the world is the big fuss over there?'" Due to time differences, and a lack of interest in the sport, the event was not widely seen in Europe, Japan or Australia.

Legal action

On February 4, Terri Carlin, a banker residing in Knoxville, Tennessee
Knoxville, Tennessee

Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, behind Memphis, Tennessee and Nashville, Tennessee, and is the county seat of Knox County, Tennessee....
, launched a class action
Class action

In law, a class action or a representative action is a form of lawsuit where a large group of people collectively bring a claim to court. This form of collective lawsuit originated in the United States and is still predominately a US phenomenon, at least the US variant of it....
 lawsuit against Jackson and Timberlake on behalf of "all American citizens who watched the outrageous conduct." The lawsuit alleged that the halftime show contained " acts solely designed to garner publicity and, ultimately, to increase profits for themselves." The lawsuit sought maximum punitive
Punitive damages

Punitive damages are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff....
 and compensatory damages from the performers. Ms. Carlin later dropped the lawsuit. Three months later, Eric Stephenson, a lawyer from Farmington, Utah
Farmington, Utah

Farmington is a city in Davis County, Utah, Utah, United States. It is part of the Ogden, Utah–Clearfield, Utah, Utah Ogden-Clearfield metropolitan area....
, filed a $5,000 lawsuit in small-claims court against Viacom for false advertising
False advertising

False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or misleading advertising....
 of the Super Bowl halftime show, as he, the father of three young children, claimed that pre-game advertising led him to believe that the halftime show would consist of marching bands, balloons, and a patriotic celebration. The lawsuit was rejected because Stephenson should have filed a federal
Federal government of the United States

The Federal Government of the United States is the central current reigning United States governmental body, established by the United States Constitution....
 lawsuit
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
 or complaint to the FCC, which was already investigating the halftime show.

America Online, the Internet service provider that sponsored the halftime show, demanded a refund of the approximately $7.5 million that it paid to sponsor and advertise on the halftime show. However, no other advertisers of the Super Bowl had similar demands.

The incident triggered a rash of fines that the FCC levied soon after the Super Bowl, alleging that the context of the "wardrobe malfunction" was intended "to pander, titillate and shock those watching" because it happened within the lyrics within Timberlake's performance of Rock Your Body: "Hurry up 'cause you're taking too long... better have you naked by the end of this song." In addition, the FCC cited a news article on the website of MTV (MTV.com) claiming that the halftime show would promise "shocking moments" and that "officials of both CBS and MTV were well aware of the overall of the Jackson/Timberlake segment, and fully sanctioned it—indeed, touted it as 'shocking' to attract potential viewers." CBS, however, argued that the exposure was unplanned, although in later statements CBS asserted that while the exposure was unplanned by CBS, it was deliberately planned by Timberlake and Jackson "independently and clandestinely". On September 22, 2004, the FCC fined Viacom
Viacom

Viacom , short for "Video & Audio Communications", is an United States media conglomerate with various worldwide interests in cable television and satellite television networks , and movie production and distribution ....
 the maximum $27,500 (US) penalty for each of the twenty CBS-owned television stations (including satellites of WFRV in Green Bay
Green Bay, Wisconsin

Green Bay is a city in and the county seat of Brown County, Wisconsin in the U.S. state of Wisconsin.The city is located at the head of its namesake Green Bay , a sub-basin of Lake Michigan, at the mouth of the Fox River ....
, WCCO
WCCO-TV

WCCO-TV, is the CBS owned and operated station television station that serves the Minneapolis-St. Paul area of Minnesota. It broadcasts on North American broadcast television frequencies 4 and 32 ....
 in Minneapolis
Minneapolis, Minnesota

Minneapolis is the largest city in the U.S. state of Minnesota and is the county seat of Hennepin County, Minnesota. The city lies on both banks of the Mississippi River, just north of the river's confluence with the Minnesota River, and adjoins Saint Paul, Minnesota, the state's Capital ....
, and KUTV in Salt Lake City
Salt Lake City, Utah

Salt Lake City is the Capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC....
; current CBS owned-and-operated station
Owned-and-operated station

In the broadcasting industry , an owned-and-operated station usually refers to a television station or radio station that is owned by the television network with which it is associated....
 KOVR
KOVR

KOVR, channel 13, is a CBS owned and operated station television station licensed to Stockton, California, and serving the Sacramento, California-Stockton television market....
 in Sacramento
Sacramento, California

Sacramento is the Capital of the United States U.S. state of California, and the county seat of Sacramento County, California. Located along the Sacramento River and just south of the American River's confluence in California's expansive California Central Valley, it is the seventh-largest city in California.....
 at the time was owned by Sinclair Broadcast Group
Sinclair Broadcast Group

The Sinclair Broadcast Group is the operator of the largest number of local television stations in the United States with a total of 57 stations across the country in 35 primarily small and medium markets, many of which are located in Southern United States and the Midwestern United States....
) for a total $550,000 fine, the largest ever against a television broadcaster at that time. However, the Parents Television Council and even some of the FCC commissioners criticized the FCC for fining only twenty CBS stations, not all of them, for the halftime show. Sixty-six percent of respondents to a March 2005 Time
Time (magazine)

Time is a weekly United States newsmagazine, similar to Newsweek and U.S. News & World Report. A European edition is published from London....
 magazine poll believed that the FCC overreacted to the halftime show by fining CBS.

On November 24, 2004, Viacom paid out $3.5 million to settle outstanding indecency complaints and stated that it would challenge the $550,000 penalty related to the incident. The Parents Television Council
Parents Television Council

The Parents Television Council is a United States-based nonprofit organization founded by conservative activist L. Brent Bozell III. With a stated goal to "promote and restore responsibility to the entertainment industry", the Council seeks to inform parents of television programs or other entertainment products that it considers beneficial...
 has frequently criticized the appeal because they have claimed hypocrisy in CBS's immediate apology in the days following the Super Bowl. In March 2006, the FCC affirmed that the Super Bowl halftime show was indecent, so CBS paid the FCC's issued fine in July 2006 in order to take their appeal against their fine to federal court. CBS appealed the fine on September 17 at the U.S. Third Circuit Court of Appeals in Philadelphia, Pennsylvania
Philadelphia, Pennsylvania

Philadelphia is the largest city in Pennsylvania and the List of United States cities by population city in the United States. It is the fifth-largest metropolitan area and fourth-largest urban area by population in the United States, the nation's fourth-largest consumer media market as ranked by the Nielsen Media Research, and the 49th-most...
. On July 21, 2008, said court ruled in favor of CBS, throwing out the FCC's fine on the grounds that the enforcement involved a significant deviation from prior practice that wasn't announced as a clear policy change.

Other controversies


Commercials

Prior to the broadcast, CBS rejected the MoveOn.org
MoveOn

MoveOn is an American non-profit progressive, Modern liberalism in the United States public policy interest group and political action committee which has raised millions of dollars for candidates of the Democratic Party in the United States....
 ad Bush in 30 Seconds
Bush in 30 Seconds

Bushin30seconds.org is a Liberalism web site sponsored by MoveOn. The website showcases the results of a political advertising contest that was open to the public in November 2003, in which the goal was to explain key points about George W....
 because it was deemed too controversial. CBS stated that it had a "decades-old" policy of rejecting ads regarding "controversial issues of public importance," although MoveOn charged that the networks had previously accepted similar ads from other groups. The Super Bowl broadcast featured numerous commercials for erectile dysfunction
Erectile dysfunction

Erectile dysfunction is a sexual dysfunction characterized by the inability to develop or maintain an erection of the penis sufficient for satisfactory sexual performance....
 medicines and advertisements for Anheuser-Busch
Anheuser-Busch

Anheuser-Busch Companies, Inc. is the largest brewing company in the United States and is a wholly-owned subsidiary of Anheuser-Busch InBev. It holds a 48.8% share of beer sales by volume in the United States....
's Bud Light brand featuring a flatulating
Flatulence

Flatulence is the production of a mixture of gases in the gastrointestinal tract of mammals or other animals that are byproducts of the digestion process....
 horse and a dog attacking male genitalia.

In a league-mandated policy meant to clear the airwaves of such advertisements, the NFL announced that those types of commercials would not air again during Super Bowl broadcasts (the league ended an advertising relationship with Levitra in March 2007 as an official league sponsor). Additionally, Anheuser-Busch said that ads akin to those would never be produced again. In January 2005, Fox
Fox Broadcasting Company

The Fox Broadcasting Company, commonly referred to as Fox and stylized as FOX, is an United States television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation....
, the network that carried Super Bowl XXXIX
Super Bowl XXXIX

Super Bowl XXXIX was an American football game played on February 6, 2005, at Jacksonville Municipal Stadium in Jacksonville, Florida, to decide the National Football League champion following the 2004 NFL season....
 under the alternating network contract, rejected an advertisement for the cold remedy Airborne that briefly featured the naked buttocks of veteran actor Mickey Rooney
Mickey Rooney

Mickey Rooney is an United States film actor and entertainer whose film, television, and theatre appearances span nearly his entire lifetime. During his career he has won multiple awards, including an Academy Award, a Golden Globe and an Emmy Award....
.

Mark Roberts

Moments after the Jackson-Timberlake tangle, streaker
Streaking

Streaking is the act of taking off one's clothes and running Nudity through a public place....
 Mark Roberts added to the controversial halftime by running around the field nearly-naked except for some writing on his body which read "SUPER BOWEL" on the front, an advertisement for online betting website goldenpalace.com
GoldenPalace.com

GoldenPalace.com is an online casino, hosted at Mohawk Internet Technologies, which is located in the Kahnawake Mohawk nation Territory near Montreal....
, and a well-placed G-string
G-string

A G-string is a type of underwear, a narrow piece of cloth, leather, or plastic that covers or holds the genitals, passes between the buttocks, and is attached to a band around the Hip , worn as swimsuit or underwear by both men and women....
. Part of Roberts' stunt was seen on-air in the USA however, then CBS chose to keep its cameras in a wide-shot view of the stadium and quick cutaways to players and coaches as Roberts ran around the field until players from both competing teams, the New England Patriots
New England Patriots

The New England Patriots, commonly called the "Pats" by sports writers and fans, are a professional American football team based in the Greater Boston area, playing their home games in the town of Foxborough, Massachusetts, Massachusetts....
 and the Carolina Panthers
Carolina Panthers

The Carolina Panthers are a professional American football team based in Charlotte, North Carolina, representing both North Carolina and South Carolina in the National Football League....
, tackled him. Matt Chatham
Matt Chatham

Matt Chatham is an American football linebacker who is currently a free agent. He played college football at South Dakota Coyotes....
, the Patriots' special teams expert and reserve linebacker
Linebacker

File:Glennon_under_center_ACC_championship.jpgA Linebacker is a position in American football and Canadian football that was invented by football coach Fielding Yost of the University of Michigan....
 initially knocked Roberts down, thus allowing stadium security and police to arrest Roberts and eject him from Reliant Stadium
Reliant Stadium

Reliant Stadium is a multiple-use stadium in Houston, Texas, Texas. The stadium is the home of the National Football League's Houston Texans, the Houston Livestock Show and Rodeo, the Texas Bowl, host to many international soccer matches for the United States men's national soccer team and other events....
, the site of the game.

Roberts would return on October 28, 2007 when the NFL staged the first regular season game played outside North America before the second half of the New York Giants-Miami Dolphins
2007 New York Giants season

The 2007 NFL season New York Giants season was the 83rd season for the New York Giants in the National Football League. The Giants finished the regular season 10-6, improving upon their 8-8 record in 2006 New York Giants season in which they finished third in their division....
 contest at London's Wembley Stadium
Wembley Stadium

The original Wembley Stadium was a football stadium in Wembley, a suburb of north-west London, standing on the site now occupied by the Wembley Stadium that opened in 2007....
 in what he dubbed "Super Bowel Returns".

Aftermath and effects


Censorship and regulation of broadcasting

Soap Opera Central magazine speculated that the fallout from this incident may have had a subtle effect on daytime television
Soap opera

A soap opera is an ongoing, episodic work of dramatic fiction presented in Serial format on television or radio. Programs described as soap operas have existed as an entertainment long enough for audiences to recognize them simply by the term soap....
. These television shows are known for "love in the afternoon
Love in the Afternoon (advertising campaign)

"Love in the Afternoon" was a well-known advertising campaign used by American Broadcasting Company to market its soap operas in the form of newspaper advertisements and television commercials....
" and regularly feature romantic couplings; shortly before the Super Bowl, the Procter & Gamble
Procter & Gamble

Procter & Gamble Co. is a Fortune 500, United States multinational corporation headquartered in Cincinnati, Ohio, that manufactures a wide range of Fast moving consumer goods....
 soap opera
Soap opera

A soap opera is an ongoing, episodic work of dramatic fiction presented in Serial format on television or radio. Programs described as soap operas have existed as an entertainment long enough for audiences to recognize them simply by the term soap....
s As the World Turns
As the World Turns

As the World Turns is an American television soap opera that airs each weekday on CBS.Set in the fictional town of Oakdale , the show debuted on Monday, April 2, 1956 at 1:30pm Eastern Time Zone....
 and Guiding Light
Guiding Light

Guiding Light is an United States television program credited by the Guinness World Records as being the longest-running soap opera in production and the longest running drama in television and radio history....
 had gone as far as featuring rear maleduring lovemaking scenes. After the Super Bowl controversy, FCC commissioner Michael J. Copps stated that it was time for a crackdown on daytime television and indicated that he was reviewing whether soap operas were violating the agency's indecency prohibitions.

Two other major sporting events that followed the Super Bowl that year also were forced to clean up their respective halftime shows following the incident. The Pro Bowl
Pro Bowl

In professional American football, the Pro Bowl is the all-star game of the National Football League . Since the AFL-NFL Merger with the rival American Football League in 1970, it has been officially called the AFC-NFC Pro Bowl, matching players in the American Football Conference against those in the National Football Conference ....
, which would be played on February 8, originally was to feature singer J.C. Chasez, who was a member of boy band
Boy band

A boy band, written in some countries boys band or boy's band, is a type of pop music band featuring several young male singers. The members are generally expected to perform as dancers as well, often executing highly choreographed sequences to their own music....
 NSYNC as was Timberlake, sing the National Anthem
National anthem

A national anthem is a generally patriotism musical composition that evokes and eulogizes the history, traditions and struggles of its people, recognized either by a nation's government as the official national song, or by convention through use by the people....
 before the game and perform his hit song "Blowin' Me Up (with Her Love)
Blowin' Me Up (with Her Love)

"Blowin' Me Up " is the first solo single by JC Chasez and was released in the U.S. in February 2003. He is the second member from 'N Sync to pursue his career as a solo artist....
" at halftime. However, the NFL would not allow Chasez to perform during halftime due to the sexually suggestive content of his chosen song, (even though cable network ESPN
ESPN

ESPN is a United States cable television Television network dedicated to Broadcasting of sports events and producing sports-related programming 24 hours a day....
 carried the game) replacing it with traditional Hawaiian dancers, which would be more appropriate for the game's atmosphere given that it was held in Aiea, Hawaii, a suburb of Honolulu
Honolulu, Hawaii

Honolulu is the Capital and most populous census-designated place in the U.S. state of Hawaii. Although Honolulu refers to the urban area on the southeastern shore of the island of Oahu, the city and the county are consolidated, known as the Honolulu County, Hawaii, and the city and county is designated as the entire island....
 and many television viewers in the nation were still in shock from the Super Bowl incident. The 2004 NBA All-Star Game
2004 NBA All-Star Game

The 2003-04 NBA season National Basketball Association All-Star Game was played on February 15, 2004 in front of an attendance of 19,662 at the Staples Center in Los Angeles, California, California, home of the Los Angeles Clippers and Los Angeles Lakers....
 also cleaned up its act, despite being broadcast on cable television
Cable television

Cable television is a system of providing television to consumers via radio frequency signals transmitted to televisions through fixed optical fibers or coaxial cables as opposed to the over-the-air method used in traditional television broadcasting in which a television antenna is required....
 channel TNT
Turner Network Television

TNT is an United States Cable television network created by media mogul Ted Turner and currently owned by the Turner Broadcasting System division of Time Warner....
 that was not under FCC regulation as with all other cable channels, having halftime performer Beyoncé Knowles
Beyoncé Knowles

Beyonc? Giselle Knowles , commonly known as Beyonc? , is an American contemporary R&B singer-songwriter, record producer and actress. Born and raised in Houston, Texas, Texas, she enrolled in various performing arts schools, and was first exposed to singing and dancing competitions as a child....
 perform "Crazy in Love" rather than "Naughty Girl
Naughty Girl (Beyoncé Knowles song)

"Naughty Girl" is an contemporary R&B?disco song written by Beyonc? Knowles, Scott Storch, Robert Waller, and Angela Beyinc? for Beyonc?'s debut solo album, Dangerously in Love ....
", which they feared would incite controversy given its sexual content. Ironically, Jackson was in attendance at the game, and dressed conservatively. The networks that were to broadcast the 46th Grammy Awards and the 76th Academy Awards
76th Academy Awards

The 76th Academy Awards ceremony honored the 2003 in film and was broadcast from the Kodak Theatre in Hollywood, California on American Broadcasting Company beginning at 5:30 p.m....
, live events scheduled for February 8 and February 29 respectively, initiated a delay (up to ten minutes) to ensure that profanity and obscenity were not seen or heard. Since then, both award shows have used the tape delay.

Following these announcements, Guiding Light edited outfrom an episode that had already been taped. A week later, the show's executive producer John Conboy
John Conboy

John Conboy is an American soap opera producer.Conboy is best known for bringing glamorous production values to a show soon after he is hired....
 was fired and replaced by Ellen Wheeler
Ellen Wheeler

Ellen Wheeler is an United States actress, director and producer....
. All nine American network soaps began to impose an unwritten rule of avoiding any sort of risqué adult scenes, and in the months following, soap opera periodical Soap Opera Digest
Soap Opera Digest

Soap Opera Digest is a magazine chronicling the stories airing on American soap operas and the off-screen lives of the actors appearing on them....
 editors wrote about how daytime television was losing its steam. NBC also re-edited a scene from an episode of its medical drama ER
ER (TV series)

ER is an Emmy Award-winning Television in the United States medical drama television series created by the late novelist Michael Crichton and airing on NBC....
 where paramedics were wheeling an elderly woman into the hospital, and her breast could be seen non-explicitly in the context of her injury and treatment. Even as late as Veteran's Day of 2004, 65 ABC network affiliates pre-empted the uncut network presentation of the film Saving Private Ryan
Saving Private Ryan

Saving Private Ryan is a 1998 in film Cinema of the United States war film set during the Invasion of Normandy of Normandy in World War II. It was film director by Steven Spielberg and Screenplay by Robert Rodat....
 over concerns about the film's violent and profane content and FCC regulations. Benjamin Svetkey of Entertainment Weekly
Entertainment Weekly

Entertainment Weekly is a magazine published by Time Inc. in the United States which covers movies, television, music, Broadway stage productions, books, and popular culture....
 quoted L. Brent Bozell III and Peggy Noonan
Peggy Noonan

Peggy Noonan is an author of seven books on politics, religion and culture, a weekly columnist for The Wall Street Journal, and was a primary speech writer and Special Assistant to President Ronald Reagan....
 associating the mass pre-emption of Ryan with the halftime show incident.

Clear Channel Communications
Clear Channel Communications

Clear Channel Communications is a Mass media list of conglomerates company based in the United States. Clear Channel, founded in 1972 by Lowry Mays and Red McCombs, wields considerable influence in radio broadcasting, concert promotion and hosting, and fixed advertising in the United States through its subsidiaries....
 removed talk-radio host Howard Stern
Howard Stern

Howard Allan Stern is an American radio presenter and media personality, best known for hosting The Howard Stern Show, currently an uncensored talk radio show that airs on Howard 100 on SIRIUS XM Radio....
 from several of its large-market radio stations within a month of the incident, citing the raunchy content of Stern's show. The FCC fined Clear Channel over allegedly indecent content in the Bubba the Love Sponge
Bubba the Love Sponge

Bubba the Love Sponge Clem is a Tampa, Florida, Florida radio talk show host. His radio show can be heard on Howard 101 on Sirius Satellite Radio and on WHPT in Tampa and WFYV in Jacksonville, Florida....
 radio show. As a result of the incident, some networks established regulations requiring time delays of as much as five minutes for live broadcasts such as awards shows and sporting events. In late 2004, the United States House of Representatives
United States House of Representatives

The United States House of Representatives, commonly referred to as "the House", is one of the bicameralism of the United States Congress; the other is the United States Senate....
 passed a bill to raise the maximum FCC fine penalty from said $27,500 to $500,000 per violation; the United States Senate
United States Senate

The United States Senate is the upper house of the Bicameralism United States Congress, the lower house being the United States House of Representatives....
 voted to decrease it to $275,000 per incident, with a cap of $3 million per day. By June 2006, the two houses reconciled the differences in fine levels, settling for a fine of $325,000 (US) per violation in the Broadcast Decency Enforcement Act of 2005
Broadcast Decency Enforcement Act of 2005

The Broadcast Decency Enforcement Act of 2005 was legislation in the United States Senate that increased penalties for broadcasters who violate FCC decency standards....
.

The incident also prompted tighter control over content by station owners and managers. Viacom, at the center of the controversy, also employed the controversial Howard Stern
Howard Stern

Howard Allan Stern is an American radio presenter and media personality, best known for hosting The Howard Stern Show, currently an uncensored talk radio show that airs on Howard 100 on SIRIUS XM Radio....
 in its radio division (at the time called Infinity Broadcasting). The expanding control on content is said to be a contributing factor that drove Stern away from terrestrial radio and onto Sirius Satellite Radio
Sirius Satellite Radio

Sirius Satellite Radio is a satellite radio service operating in the United States and Canada, owned by Sirius XM Radio. Headquartered in New York City, with smaller studios in Los Angeles and Memphis, Tennessee, Sirius was officially launched on July 1, 2002 and currently provides 69 streams of music and 65 streams of sports, news and ente...
. It has also been reported that some teen-oriented awards shows in the summer of 2004 had also been purged of most sexual and profane content that had been perceived as staples in such awards shows in the past, including Fox's Teen Choice Awards
Teen Choice Awards

The Teen Choice Awards is an awards show presented annually by Fox Broadcasting Company. The program honors the year's biggest achievements in music, movies, sports, and television, as voted on by teenagers aged 10-20....
 and MTV's self-created Video Music Awards
MTV Video Music Awards

The MTV Video Music Awards were established in the end of the summer of 1984 in television by MTV to celebrate the top music videos of the year....
. Author Frederick S. Lane stated in an interview with John Eggerton of Broadcasting & Cable
Broadcasting & Cable

Broadcasting & Cable magazine is a television industry Trade journal published by Reed Business Information. Previous names included Broadcasting/Telecasting and Broadcasting....
 magazine that the controversy surrounding the halftime show was the primary inspiration for his 2006 book The Decency Wars: The Campaign to Cleanse American Culture, which explains moral controversies in the American media over the years.

Sports broadcasting

The NFL also came under some smaller controversies over its telecasts. The FCC received a complaint about a telecast of a playoff game between the Green Bay Packers
Green Bay Packers

The Green Bay Packers are a professional American football team based in Green Bay, Wisconsin. They are members of the NFC North of the National Football Conference in the National Football League and are the third-oldest franchise in the NFL....
 and Minnesota Vikings
Minnesota Vikings

The Minnesota Vikings are a professional American football team based out of Minneapolis, Minnesota. The Vikings compete in the NFC North of the National Football Conference in the National Football League ....
 from January 2005 on FOX
Fox Broadcasting Company

The Fox Broadcasting Company, commonly referred to as Fox and stylized as FOX, is an United States television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation....
, the complainant alleging that Minnesota player Randy Moss
Randy Moss

Randall Gene Moss is an American football wide receiver for the New England Patriots of the National Football League. He was originally drafted by the Minnesota Vikings 21st overall in the 1998 NFL Draft....
, who scored a touchdown, apparently made movements appearing to moon
Mooning

Mooning is the act of displaying one's nudity buttocks by removing clothing, e.g. by lowering the back side of one's trousers and underpants, usually bending over, whether also exposing the genitals or not....
 the spectators. However, the FCC denied the complaint because Moss was fully clothed at all times, and his gestures were shown for only a few seconds, thus warranting that the display was not indecent; game announcer Joe Buck
Joe Buck

Joseph Francis "Joe" Buck is an United States sportscaster and the son of the late sportscaster Jack Buck, a Ford C. Frick Award honoree. He has won numerous Sports Emmy Awards for his play-by-play work with Fox Sports....
 also immediately condemed the act (and additionally, Moss was fined by the NFL). On January 13, 2007, during coverage on FOX of an NFL playoff game between the New Orleans Saints
New Orleans Saints

The New Orleans Saints are a professional American football team based in New Orleans, Louisiana. The Saints play in the NFC South of the National Football Conference in the National Football League ....
 and Philadelphia Eagles
Philadelphia Eagles

The Philadelphia Eagles are a professional American football team based in Philadelphia. They are members of the NFC East of the National Football Conference in the National Football League ....
, after New Orleans safety Josh Bullocks
Josh Bullocks

Josh Bullocks is an American football Safety with the New Orleans Saints of the National Football League. Bullocks was selected in the second round of the 2005 NFL Draft from the University of Nebraska-Lincoln, for whom he starting lineup 28 National Collegiate Athletic Association games across three regular season, notably totalling ten i...
 intercepted the ball from Philadelphia wide receiver
Wide receiver

A wide receiver is an offensive position in American and Canadian football. Only players in the backfield or the ends on the line are eligible receiver to catch a forward pass....
 J.J. Outlaw, the camera cut to the stands, showing for four seconds the words "FUCK DA EAGLES" on a woman's shirt. That drew a backlash from the Parents Television Council
Parents Television Council

The Parents Television Council is a United States-based nonprofit organization founded by conservative activist L. Brent Bozell III. With a stated goal to "promote and restore responsibility to the entertainment industry", the Council seeks to inform parents of television programs or other entertainment products that it considers beneficial...
, who filed complaints with the FCC.

During the live broadcast of Super Bowl XLIII
Super Bowl XLIII

Super Bowl XLIII was an American football game which featured the American Football Conference champion Pittsburgh Steelers and the National Football Conference champion Arizona Cardinals to decide the National Football League champion for the 2008 NFL season....
 February 1, 2009 on NBC, the analog but not digital feed of the Comcast
Comcast

Comcast Corporation is the largest cable television company, the second largest Internet service provider and the fourth largest telephone service provider in the United States....
 cable service in Tucson, Arizona
Tucson, Arizona

Tucson is a city in and the county seat of Pima County, Arizona, Arizona, United States, located 118 miles southeast of Phoenix, Arizona and 60 miles north of the U.S.-Mexico border....
 and vicinity was interrupted by an unknown party, when 30 seconds from Enterprises-owned adult cable television channel Shorteez
Spice Network

The Spice Network is a group of pornographic pay-per-view Television channel appearing on cable television, IPTV and satellite television services, and available in more than 72 countries including the United States, New Zealand and the United Kingdom....
 was broadcast to homes just after Larry Fitzgerald
Larry Fitzgerald

Larry Darnell Fitzgerald, Jr. , is an American football wide receiver for the Arizona Cardinals of the National Football League. He was drafted third overall in the 2004 NFL Draft by the Cardinals....
 scored his fourth quarter touchdown to take the Cardinals to a 23-20 lead. Afterwards, 10 seconds of an end credit segment from ClubJenna
ClubJenna

ClubJenna, Inc. is a multi-media sex industry company based in Scottsdale, Arizona. It was founded in 2000 by pornographic actor Jenna Jameson, and Jay Grdina, who performed as an adult film actor under the name Justin Sterling and today is president of ClubJenna, Inc....
, another-owned channel, was shown. Comcast offered a $10 credit for customers who claimed to have seen the incident, and the Federal Communications Commission
Federal Communications Commission

The Federal Communications Commission is an Independent agencies of the United States government, created, directed, and empowered by United States Congress statute , and with the majority of its commissioners appointed by the current President of the United States....
 announced that it would investigate the cause of the incident. Josh Grossberg of E!
E!

E!: Entertainment Television is an United States cable television and direct broadcast satellite network. From November 2006 onwards, it became wholly owned by Comcast....
 stated: "This almost makes us nostalgic for the days of Nipplegate."

2004 presidential election

Frederick S. Lane wrote in his 2006 book The Decency Wars that the Super Bowl halftime show controversy influenced the primary focus on "moral values" and "media decency" in the 2004 Democratic Party primaries
Democratic Party (United States) presidential primaries, 2004

Ten candidates vied for the nomination, including retired general Wesley Clark, former Vermont Governor Howard Dean, John Edwards, and John Kerry. For most of 2003, Howard Dean had been the apparent front-runner for the nomination, performing strongly in most polls and leading the pack in fund-raising....
. After the re-election victory of incumbent candidate George W. Bush
George W. Bush

George Walker Bush served as the List of Presidents of the United States President of the United States from 2001 to 2009. He was the 46th List of Governors of Texas from 1995 to 2000 before being United States presidential inauguration as President on January 20, 2001....
, exit poll
Exit poll

An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for....
s immediately following the elections revealed that nearly 20% of voters chose morality as their priority issue in voting, and 78% of voters who identified as "born-again Christian" voted for Bush. Frank Rich of The New York Times considered the 2004 re-election of Bush to be the "greatest coup of all" from the exposure of Janet Jackson's breast.

Impacts on Jackson and Timberlake

Jackson's career started to decline after the incident. Her first album released since the Super Bowl, Damita Jo, was released in March 2004 to poor critical reception despite high worldwide sales and three Grammy nominations in 2005. Her following album, 20 Y.O.
20 Y.O.

20 Y.O. is the ninth studio album by United States contemporary R&B/pop music singer Janet Jackson released by Virgin Records on September 20, 2006 in Japan, September 22 internationally, and September 26 in Canada and the United States....
, did not sell as well despite better critical reception. Jackson's music videos initially lost airplay on channels such as MTV and VH1
VH1

VH1 is an United States cable television network based in New York City. Launched on January 1, 1985 in television, the original purpose of the channel was to build on the success of MTV by playing music videos, but targeting a slighter older demographic than its sister channel, focusing on the lighter, softer side of popular music....
.

Jackson appeared on CBS's Late Show with David Letterman
Late Show with David Letterman

The Late Show with David Letterman is an American late-night television talk show hosted by David Letterman on CBS. The show debuted on August 30, 1993, and is produced by Letterman's production company, Worldwide Pants Incorporated....
 on March 29, 2004. In April 2004, Jackson made fun of herself in a Saturday Night Live
Saturday Night Live

Saturday Night Live is a weekly late-night 90-minute American sketch comedy/variety show filmed in New York City. It made its debut on October 11, 1975....
 appearance, first while playing Condoleezza Rice
Condoleezza Rice

Condoleezza Rice was the 66th United States Secretary of State, and the second in the administration of President of the United States George W....
 in a skit, nervously answering a question by exposing her right breast, which was pixelated
Pixelization

Pixelization is a video- and image-editing technique where an image, or part of it, is blurred by displaying part or all of it at a markedly lower resolution....
 by NBC, then by viewing a mock home video from her childhood when her bathing suit top came off in a wading pool. In 2006
2006 in television

The year 2006 in television involved some significant events.Below is a list of television-related events in 2006.For the American TV schedule, see: 2006-07 United States network television schedule....
, during an interview on The Oprah Winfrey Show
The Oprah Winfrey Show

The Oprah Winfrey Show is a United States Television syndication talk show, hosted and produced by its namesake Oprah Winfrey, and is the highest-rated talk show in American television history....
,
Jackson upheld her claim that the Super Bowl scandal was an accident.

In the meantime after the Super Bowl, Justin Timberlake won two Grammy awards in 2004 and put his musical career on hiatus to focus on acting
Acting

Acting is the work of an actor or actress, which is a person in theatre, television, film, or any other storytelling medium who tells the story by portraying a Fictional character and, usually, Speech communication or singing the written text or Play ....
. In 2006, Timberlake released an album, FutureSex/LoveSounds
FutureSex/LoveSounds

FutureSex/LoveSounds is the second solo studio album by American pop music singer Justin Timberlake, released on September 12, 2006 through record labels Jive Records and Zomba Records....
, which peaked at number one on the Billboard 200
Billboard 200

The Billboard 200 is a ranking of the 200 highest-selling Albums and extended play in the United States, published weekly by Billboard magazine....
 and spawned several number-one singles. Timberlake also told MTV
MTV

MTV is an United States cable television network based in Media of New York City. Launched on August 1, 1981, the original purpose of the channel was to play music videos guided by on-air hosts known as VJ ....
 that he "probably got 10 percent of the blame", later explaining that "America's harsher on women" and "unfairly harsh on ethnic people", referring to the backlash suffered by him and Jackson. Timberlake starred in a Pepsi-Cola ad airing during Super Bowl XLII
Super Bowl XLII

Super Bowl XLII was an American football game which featured the National Football Conference champion New York Giants and the American Football Conference champion New England Patriots to decide the National Football League champion for the 2007 NFL season....
 and hosted the 2008 ESPY Awards
ESPY Awards

The ESPY Awards is an annual sports awards event created and broadcast by United States cable television network ESPN. Begun in 1993 in sports, the event confers eponymous awards, fully styled as Excellence in Sports Performance Yearly Awards, for individual sports and team sports athletic achievement and other sports-related performance...
 on ESPN
ESPN

ESPN is a United States cable television Television network dedicated to Broadcasting of sports events and producing sports-related programming 24 hours a day....
 in July of 2008.