The incident Among several other acts Jackson and Timberlake performed a medley of Jackson s songs All for You and Rhythm Nation and Timberlake s song Rock Your Body 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 partially 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 Reliant 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 toward his crotch and the musician Kid Rock 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 t he exposure of Jackson s nipple shield led to much media controversy and headlines The media watchdog group Parents Television Council PTC 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 also expressed criticism of the halftime show in their respective weekly columns Democratic senator Zell Miller of Georgia both on the floor of the United States Senate and in an editorial on Salon com denounced the halftime show as what he perceived as declining morality in America On the day immediately foll owing the Super Bowl then FCC chairman Michael Powell ordered an investigation into the halftime show Timberlake told KCBS TV a few days following the Super Bowl that even his own family was offended by the Super Bowl mishap However an Associated Press 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 then chairman of the FCC was quick to order an investigation into the halftime show 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 mocked the incident all week following the Super Bowl Host David Letterman 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 on CBS The next day he also joked that President George W Bush forme d 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 Additionally the Top Ten Lists featured on the program on that same night and two nights later briefly referenced the incident South Park took aim at the hysteria in its eighth season premiere Good Times With Weapons on March 17 of that year when Eric Cartman 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 who is also present on stage referring to the acceptance of violence and the taboo against nudity In the 2004 MTV Video Music Awards comedian Dave Chappelle jokingly told MTV that his appearance in the VMA was the biggest mistake since you put Janet Jackson on the Super Bowl Family Guy also did an episode based around this wardrobe malfunction The episode PTV involved actor David Hyde Pierce having a trouser malfunction at the Emmys The halftime show continued to be a subject of discussion in 2005 At the beginning of 2005 the parody newspaper The Onion 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 argued that censorship 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 due to the profanity 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 Abroad In Canada where the show was broadcast by Global Television Network the incident passed largely without controversy only about 50 Canadians complained about the incident to the Canadian Broadcast Standards Council 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 simsub issues preventing viewing of the popular American ads Professor Robert Thompson directo r of the Center for the Study of Popular Television at Syracuse University was quoted by Peter Bowes of BBC News 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 Legal action On February 4 Terri Carlin a banker residing in Knoxville Tennessee launched a class action lawsuit against Jackson and Timberlake on behalf of all American citizens who watched the outrageous conduct The lawsuit alleged that the halftime show contained sexually explicit acts solely designed to garner publicity and ultimately to increase profits for themselves The lawsuit sought maximum punitive and compensatory damages from the performers Ms Carlin later dropped the lawsuit Three months later Eric Stephenson a lawyer from Farmington Utah filed a 5 000 lawsuit in small claims court against Viacom for false advertising of the Super Bowl halftime show as he the father of three young children claimed that pre game adve rtising 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 lawsuit 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 halftime show led to a great spike in FCC issued fines and received complaints compared to those from previous years 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 n aked 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 sexual nature of the Jackson Timberlake segment and fully sanctioned itndeed 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 the maximum 27 500 US penalty for each of the twenty CBS owned television stations including satellites of WFRV in Green Bay WCCO in Minneapolis and KUTV in Salt Lake City current CBS owned and operated station KOVR in Sacramento at the time was owned by Sinclair Broadcast Group 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 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 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 On July 21 2008 that court ruled in favor of CBS t hrowing 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 On May 4 2009 however the Supreme Court vacated and remanded and the case back to the Third Circuit for reconsideration in light of the previously decided Federal Communications Commission v Fox Television Stations 2009 Other controversies Commercials Prior to the broadcast CBS rejected the MoveOn org ad Bush in 30 Seconds 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 medicines and advertisements for Anheuser Busch s Bud Light brand featuring a flatulating horse and a dog attacking male genitalia however no politically charged ads appear ed 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 the network that carried Super Bowl XXXIX under the alternating network contract rejected an advertisement for the cold remedy Airborne that briefly featured the naked buttocks of veteran actor Mickey Rooney Mark Roberts Moments after the Jackson Timberlake tangle streaker 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 and a well placed G string Part of Roberts stunt was seen on air in America CBS chose to keep its camer as in a wide shot view of the stadium and use quick cutaways to players and coaches as Roberts ran around the field until players from both competing teams the New England Patriots and the Carolina Panthers tackled him Matt Chatham the Patriots special teams expert and reserve linebacker initially knocked Roberts down thus allowing stadium security and police to arrest Roberts and eject him from Reliant Stadium 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 contest at London s Wembley Stadium in what he dubbed Super Bowel Returns Aftermath and effects Censorship and regulation of broadcasting Website Soap Opera Central speculated that the fallout from this incident may have had a subtle effect on daytime television These television shows are known for love in the afternoon and regularly feature romantic couplings shortly be fore the Super Bowl the Procter amp Gamble soap operas As the World Turns and Guiding Light had gone as far as featuring rear male nudity during sexual 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 which would be played on February 8 originally was to feature singer J C Chasez who was a member of boy band N Sync as was Timberlake sing the National Anthem before the game and perform his hit song Blowin Me Up with Her Love 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 carried the game replacing it wit h 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 and many
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