The
Super Bowl XXXVIII halftime show
The Super Bowl XXXVIII halftime show took place on February 1, 2004, at the Reliant Stadium in Houston, Texas, as part of Super Bowl XXXVIII. It featured Janet Jackson, Justin Timberlake, P. Diddy, Nelly, Kid Rock, and Jessica Simpson.
The halft ...
, which was broadcast
live on February 1, 2004, from
Houston
Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...
,
Texas
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
, on the
CBS
CBS Broadcasting Inc., commonly shortened to CBS, the abbreviation of its former legal name Columbia Broadcasting System, is an American commercial broadcast television and radio network serving as the flagship property of the CBS Entertainm ...
television network, is notable for a moment in which
Janet Jackson's breast—adorned with a
nipple shield—was exposed by
Justin Timberlake to the viewing public for approximately half a second. The incident, sometimes referred to as Nipplegate or Janetgate, led to an immediate crackdown and widespread debate on perceived indecency in broadcasting.
The halftime show was produced by
MTV and was focused on the network's
Choose or Lose campaign (the year 2004 was a presidential election year in the United States). The exposure was broadcast to a total audience of 150.0 million viewers. Following the incident, the
National Football League
The National Football League (NFL) is a professional American football league that consists of 32 teams, divided equally between the American Football Conference (AFC) and the National Football Conference (NFC). The NFL is one of the ...
(NFL) excluded MTV, which had also produced the halftime show for
Super Bowl XXXV
Super Bowl XXXV was an American football game between the American Football Conference (AFC) champion Baltimore Ravens and the National Football Conference (NFC) champion New York Giants to decide the National Football League (NFL) champion for ...
, from future halftime shows. In addition, CBS parent company
Viacom and its co-owned subsidiaries, MTV and
Infinity Broadcasting
Infinity Broadcasting Corporation was a radio company that existed from 1972 until 2005. It was founded by Michael A. Wiener and Gerald Carrus. It became associated with popular radio personalities like Howard Stern, Opie and Anthony, Don Imus ...
, enforced a
blacklist
Blacklisting is the action of a group or authority compiling a blacklist (or black list) of people, countries or other entities to be avoided or distrusted as being deemed unacceptable to those making the list. If someone is on a blacklist, ...
of Jackson's
singles and
music video
A music video is a video of variable duration, that integrates a music song or a music album with imagery that is produced for promotional or musical artistic purposes. Modern music videos are primarily made and used as a music marketing device ...
s on many radio formats and music channels worldwide. The
Federal Communications Commission
The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdicti ...
(FCC) fined CBS for an indecency violation of $27,500 and increased it to $325,000. They eventually fined CBS a record $550,000 for the incident, but that fine was ultimately voided by the
Third Circuit Court of Appeals
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* E ...
in 2011, and a case to reinstate the fine was refused in 2012.
The incident was ridiculed both within the United States and abroad, with a number of commentators opining that it was a planned
publicity stunt
In marketing, a publicity stunt is a planned event designed to attract the public's attention to the event's organizers or their cause. Publicity stunts can be professionally organized, or set up by amateurs. Such events are frequently utilize ...
. Some American commentators, including Jackson herself, argued it was being used as a means to distract the public from the ongoing
Iraq War
{{Infobox military conflict
, conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق ( Kurdish)
, partof = the Iraq conflict and the War on terror
, image ...
. The increased regulation of broadcasting raised concerns regarding
censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
and
free speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
in the United States.
YouTube
YouTube is a global online video sharing and social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the second mo ...
co-founder
Jawed Karim
Jawed Karim (বাংলাঃ জাওয়াদ করিম) (born October 28, 1979) is an American software engineer and Internet entrepreneur of Bangladeshi and German descent. He is a co-founder of YouTube and the first person to up ...
credits the incident with leading to the creation of the video sharing website. The incident also made Janet Jackson the most-searched person and term of 2004 and 2005. The incident broke the record for "most-searched event over one day". It became the most-watched, recorded and replayed television moment in
TiVo
TiVo ( ) is a digital video recorder (DVR) developed and marketed by Xperi (previously by TiVo Corporation and TiVo Inc.) and introduced in 1999. TiVo provides an on-screen guide of scheduled broadcast programming television programs, whose fea ...
history and "enticed an estimated 35,000 new
iVo
Ivo is a masculine given name, in use in various European languages. The name used in western European languages originates as a Normannic name recorded since the High Middle Ages, and the French name Yves is a variant of it. The unrelated So ...
subscribers to sign up". The term "
wardrobe malfunction
A wardrobe malfunction is a clothing failure that accidentally or intentionally exposes a person's intimate parts. It is different from deliberate incidents of indecent exposure or public flashing. Justin Timberlake first used the term when apol ...
" was coined as a result of the incident, and was eventually added to the ''
Merriam-Webster's Collegiate Dictionary
''Webster's Dictionary'' is any of the English language dictionaries edited in the early 19th century by American lexicographer Noah Webster (1758–1843), as well as numerous related or unrelated dictionaries that have adopted the Webster's n ...
''.
In April 2021, celebrity stylist
Wayne Scot Lukas
Wayne Scot Lukas is an American fashion consultant, best known as the former co-host of the makeover reality television program '' What Not to Wear'' which was broadcast on TLC in the United States and Canada. Clinton Kelly took over as co-hos ...
claimed that it was planned by Timberlake, who sought to upstage his ex-girlfriend
Britney Spears' MTV Video Music Awards appearance at which she kissed
Madonna. In 2015, Lukas had stated that he was not aware of what happened with Timberlake. In 2018, ''
USA Today
''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgi ...
'' reported Lukas was seen purchasing a sunburst nipple shield from Byriah Dailey the weekend prior to the Super Bowl, telling Dailey "OK, watch the halftime show. There's going to be a surprise at the end."
Background and development
Janet Jackson was the original choice to perform at the
halftime show for Super Bowl XXXVI, but the NFL ultimately selected
U2 after a group of NFL owners and officials attended the band's concert in
New York City
New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
shortly after the
September 11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commer ...
. In September 2003, the NFL chose Jackson as the headline performer of the Super Bowl XXXVIII halftime show. Because the event was occurring during
an election year, MTV decided that the show's theme would heavily focus on the network's "
Choose or Lose" campaign, which encouraged younger viewers to be politically active and register to vote.
Timberlake had attended Jackson's ''
Rhythm Nation Tour'' as a kid, and Jackson's energetic dance routines and daring performing style had made a deep impression on him.
While Timberlake was a member of pop group
'N Sync
NSYNC (, ; also stylized as *NSYNC or 'N Sync) was an American boy band formed by Chris Kirkpatrick in Orlando, Florida, in 1995 and launched in Germany by BMG Ariola Munich. Their self-titled debut album was successfully released to Europea ...
, Jackson selected the
boy band as the opening act for many dates of her blockbuster ''
Velvet Rope World Tour'', which helped promote and introduce the then-relatively unknown group and Timberlake to the public worldwide. While on the tour, Jackson further promoted the group by performing with 'N Sync on several dates, including joining the group for a live
a cappella duet of
Stevie Wonder's "
Overjoyed". Following the tour, Timberlake and Jackson became "good friends", with Jackson also praising Timberlake.
Timberlake recreated Jackson's "
That's the Way Love Goes" video with 'N Sync and was inspired by Jackson's performing style.
When asked who he thought was "the sexiest woman on the planet", Timberlake had said "I've thought Janet Jackson has nothing but
sex appeal
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, oft ...
, so I'd probably say her." Timberlake later asked Jackson to sing backing vocals on "(And She Said) Take Me Now", a song from his debut solo album ''
Justified''.
Incident
During the halftime show at Super Bowl XXXVIII, Jackson performed a medley of hits, beginning with "
All for You", "
Rhythm Nation
"Rhythm Nation" is a song by American singer Janet Jackson, released as the second single from her fourth studio album, '' Janet Jackson's Rhythm Nation 1814'' (1989). It was written and produced by Jackson, in collaboration with Jimmy Jam and ...
" and a brief excerpt of "
The Knowledge
Taxicabs are regulated throughout the United Kingdom, but the regulation of taxicabs in London is especially rigorous with regard to mechanical integrity and driver knowledge. An official report observed that: "Little however is known about ...
". Surprise guest Timberlake then appeared onstage to perform a duet of his song "
Rock Your Body
"Rock Your Body" is a song by American singer-songwriter Justin Timberlake from his debut studio album, '' Justified'' (2002). The Neptunes (consisting of Chad Hugo and Pharrell Williams) wrote and produced the song. The song features backgroun ...
" with Jackson.
The performance contained several suggestive dance moves by both singers. As Timberlake reached his final line of "Rock Your Body" ("Gonna have you naked by the end of this song"), he pulled off a part of Jackson's costume; the move revealed Jackson's right
breast
The breast is one of two prominences located on the upper ventral region of a primate's torso. Both females and males develop breasts from the same embryological tissues.
In females, it serves as the mammary gland, which produces and sec ...
—adorned by a sun-shaped
nipple shield—for less than a second, after which the CBS broadcast immediately cut to a wide shot of the stage for a pyrotechnic effect, then to an aerial view of
Reliant Stadium
NRG Stadium, formerly Reliant Stadium, is a multi-purpose stadium in Houston, Texas, United States. Construction was completed in 2002, at a cost of $352 million and has a seating capacity of 72,220. It was the first NFL facility to have a retrac ...
.
Responses
The baring of Jackson's breast during the Super Bowl performance became referred to as a "
wardrobe malfunction
A wardrobe malfunction is a clothing failure that accidentally or intentionally exposes a person's intimate parts. It is different from deliberate incidents of indecent exposure or public flashing. Justin Timberlake first used the term when apol ...
".
[ Also published by CNN.com as]
Apologetic Jackson says 'costume reveal' went awry
.
Following the Super Bowl, both MTV and CBS apologized for the incident and asserted that they had no prior knowledge that Jackson and Timberlake's duet would involve partial nudity.
MTV's CEO Tom Freston
Thomas E. Freston (born November 22, 1945) is an American media proprietor, businessman, and financier.
Early life and education
Freston grew up in Rowayton, Connecticut. He received a Bachelor of Arts from Saint Michael's College and an MBA from ...
claimed in an interview with the Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was esta ...
news agency that the exposure was a stunt orchestrated by Jackson. However, an MTV representative confirmed that the costume tear was conceptualized by the MTV staff, but added that nudity was not the intended result. The incident was publicly criticized by NFL Commissioner Paul Tagliabue
Paul John Tagliabue (; born November 24, 1940) is an American lawyer who was the commissioner of the National Football League (NFL). He took the position in 1989 and served until September 1, 2006. He had previously served as a lawyer for the NFL ...
, FCC
The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdictio ...
Chairman Michael Powell
Michael Latham Powell (30 September 1905 – 19 February 1990) was an English filmmaker, celebrated for his partnership with Emeric Pressburger. Through their production company The Archers, they together wrote, produced and directed a seri ...
, and NFL Executive Vice President
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...
Joe Browne.[ An hour-long MTV documentary titled "Making the Super Bowl Halftime Show" as part of its '']Making the Video
''Making the Video'' is an MTV show, consisting of half-hour episodes, which chronicles the process of filming various music videos. Usually the director outlines the concept of the video (or treatment) and the show often includes light-hearted ...
'' series was pulled from the schedule before it could air.
Jackson's representative explained the incident, saying, "Justin was supposed to pull away the rubber bustier to reveal a red lace bra
A bra, short for brassiere or brassière (, or ; ), is a form-fitting undergarment that is primarily used to support and cover breasts. It can serve a range of other practical and aesthetic purposes, including enhancing or reducing the appea ...
. The garment collapsed and her breast was accidentally revealed." According to ''Rolling Stone'', CBS required Jackson to make a public apology for the incident. Jackson released a video apology in which she said, "The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it. It was not my intention that it go as far as it did. MTV, CBS, ndthe NFL had no knowledge of this whatsoever and, unfortunately, the whole thing went wrong in the end. I apologize to anyone offended, including the audience, MTV, CBS and the NFL."[ Speaking to '']USA Today
''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgi ...
'', Jackson said she felt humiliated that tens of millions of people saw her exposed breast, but did not feel the outrage was justified. Regarding continued backlash, she responded, "Who knows...Maybe they'll get mad at something that I do in my show, but at least it won't be new to me, since I've already gone through all of this. But I feel very positive that things are going to work out just fine. Everything happens for a reason."[
Jackson later briefly discussed the incident on '' Good Morning America'' and the '' Late Show with David Letterman''. Jackson's outfit was designed by famed designer ]Alexander McQueen
Lee Alexander McQueen CBE (17 March 1969 – 11 February 2010) was a British fashion designer and couturier. He founded his own Alexander McQueen label in 1992, and was chief designer at Givenchy from 1996 to 2001. His achievements in fashio ...
, with Jackson later commenting, "I don't blame him; he didn't rip it. Alexander is so great at what he does—he's a genius." In January 2018 it was revealed that Jackson asked Marcello Garzon to alter the leather outfit she brought to Houston to wear during the halftime show and signed a confidentiality agreement before altering the garment.
In an interview with Australia's '' Herald Sun'', Producer Jimmy Jam
Jimmy may refer to:
Arts and entertainment Film and television
* ''Jimmy'' (2008 film), a 2008 Hindi thriller directed by Raj N. Sippy
* ''Jimmy'' (1979 film), a 1979 Indian Malayalam film directed by Melattoor Ravi Varma
* ''Jimmy'' (2013 f ...
revealed Jackson considered writing a song about the incident for her '' Damita Jo'' album.
Michael Musto of ''The Village Voice
''The Village Voice'' is an American news and culture paper, known for being the country's first alternative newspaper, alternative newsweekly. Founded in 1955 by Dan Wolf (publisher), Dan Wolf, Ed Fancher, John Wilcock, and Norman Mailer, th ...
'' commented on the media's reaction to the incident, saying, "Janet became a symbolic Joan of Arc
Joan of Arc (french: link=yes, Jeanne d'Arc, translit= �an daʁk} ; 1412 – 30 May 1431) is a patron saint of France, honored as a defender of the French nation for her role in the siege of Orléans and her insistence on the coronat ...
to burn at the stake. I actually do think her breast was used as a diversionary tactic—I'm not sure to distract from Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...
specifically—but it did distract from important issues, from things we actually should be appalled by. The story got an undue amount of attention when the fact is nobody has proved how her breast harmed anyone." Speaking to Robert Tannenbaum of ''Blender Magazine
''Blender'' was an American music magazine that billed itself as "the ultimate guide to music and more". It was also known for sometimes steamy pictorials of celebrities. It compiled lists of albums, artists, and songs, including both "best of" an ...
'', Jackson had strong, if guarded, views on the reactions, reiterating her embarrassment at being exposed but argued that there was no sense in complaining about part of a woman's body while world events as grim as war and disease occurred. Jackson declared the reaction to the accidental exposure as "contradictory", noting it to occur in an era where commercials for beer
Beer is one of the oldest and the most widely consumed type of alcoholic drink in the world, and the third most popular drink overall after water and tea. It is produced by the brewing and fermentation of starches, mainly derived from ce ...
and Viagra
Sildenafil, sold under the brand name Viagra, among others, is a medication used to treat erectile dysfunction and pulmonary arterial hypertension. It is unclear if it is effective for treating sexual dysfunction in women. It is taken by ...
are both "very sexual" and "practically omnipresent".[ Jackson also said the mishap was "not intentional" and a "costume accident", also commenting on some media outlets editing her taped apology, saying, "Sometimes they cut out that I said it was an accident...That's what the media does, that's the way they are because they want it to be told a different way."] In ''Glamour Magazine
''Glamour'' is today an online women's magazine published by Condé Nast Publications. For many years a traditional hard-copy magazine, it was founded in 1939 and first published in April 1939 in the United States. It was originally called '' ...
'', Jackson exclaimed, "It's hard to believe that there's a war and famine going on in the world and yet people made such a big deal about a breast. People said that it was done intentionally to sell records. Do you know what? I have never pulled a stunt. Why would you do that and have your album come out two months later? It doesn't make sense." In the ensuing months, Jackson felt overwhelmed by the hostility towards her. "People think I'm immune to being hurt by what's said. They ask me questions that shock me. Not everybody is as strong as the next person and words can kill. People push you and you start to think can I handle this? But I know I can."
Immediately following the incident, Timberlake sounded unapologetic for his actions, telling ''Access Hollywood
''Access Hollywood'', formerly known as ''Access'' from 2017 to 2019, is an American weekday television entertainment news program that premiered on September 9, 1996. It covers events and celebrities in the entertainment industry. It was create ...
'', "Hey man, we love giving you all something to talk about." Timberlake later released a statement saying, "I am sorry that anyone was offended by the wardrobe malfunction during the halftime performance of the Super Bowl. It was not intentional and is regrettable." Timberlake also addressed the incident at the Grammy Award
The Grammy Awards (stylized as GRAMMY), or simply known as the Grammys, are awards presented by the Recording Academy of the United States to recognize "outstanding" achievements in the music industry. They are regarded by many as the most pr ...
s the following week, saying, "I know it's been a rough week on everybody. What occurred was unintentional, completely regrettable and I apologize if you guys are offended." Timberlake gave an additional interview at the Grammy event and stated, "All I could say was, 'Oh, my God. Oh, my God,'" Timberlake said. "I looked at her. They brought a towel up on stage. They covered her up. I was completely embarrassed and just walked off the stage as quickly as I could. I'm frustrated at the whole situation. I'm frustrated that my character is being questioned."
Media diversion theories
Jackson suspected ulterior motives in the media's reaction, expressing, "It was just perfect timing to take people's focus off of other things. That's what happens, and it happened to me."[ Comments from Michael Rich, director of Harvard's Center on Media and Child Health; Jay Rosenthal, attorney for the Recording Artists' Coalition; and Simon Renshaw of management group The Firm expressed similar sentiments.] The '' Boston Legal'' episode "Let Sales Ring" likened the incident to being used as a distraction, portraying a news corporation which used the mishap to attract attention over other important events in the media. Daniel Kreps of ''Rolling Stone
''Rolling Stone'' is an American monthly magazine that focuses on music, politics, and popular culture. It was founded in San Francisco, California, in 1967 by Jann Wenner, and the music critic Ralph J. Gleason. It was first known for its ...
'' opined, "For the FCC, Nipplegate provided an opportunity to restore order and flex whatever power they had left. Faced with lax broadcast standards for cable TV and satellite radio, as well as the absolute lawlessness of the Internet, the FCC becomes hell-bent on preserving common decency in the family-friendly realm of network television... While the aftermath of Nipplegate starts to fade, the FCC will continue to carry its torch for the next half-decade."[ Cynthia Fuchs of '']Popmatters
''PopMatters'' is an international online magazine of cultural criticism that covers aspects of popular culture. ''PopMatters'' publishes reviews, interviews, and essays on cultural products and expressions in areas such as music, television, fi ...
'' stated, "It behooves TV producers and consumers to focus their attentions on significant "news", rather than the daily distractions offered up by politicians, performers, professional spinners, and journalists. Janet is not that person you watch on TV. And neither is anyone else."
Powell's response
A decade after the incident, former FCC chairman Michael Powell gave his first interview regarding Jackson's performance, saying Jackson was treated unfairly and the controversy, including his own reaction, was completely overblown. Powell stated, "I think we've been removed from this long enough for me to tell you that I had to put my best version of outrage on that I could put on. Part of it was surreal, right? Look, I think it was dumb to happen, and they knew the rules and were flirting with them, and my job is to enforce the rules, but, you know, 'Really? This is what we're gonna do?' " Powell also said the treatment of Jackson, who was lambasted for causing "an outrageous stunt", was unfair, and commented on Timberlake not receiving the same backlash. "I personally thought that was really unfair", he said. "It all turned into being about her. In reality, if you slow the thing down, it's Justin ripping off her breastplate."
Public reaction
United States
In the United States, the exposure of Jackson's breast by Timberlake led to much media attention and headlines. The incident was sometimes referred to as "Nipplegate".[ CNN.com published this story in an earlier version as]
Janet Jackson takes responsibility for breast-baring
". The socially conservative media watchdog group Parents Television Council
The Parents Television and Media Council (PTMC), formerly the Parents Television Council (PTC), is an American media advocacy group founded by conservative Christian activist L. Brent Bozell III in 1995, which advocates for what it considers ...
(PTC) issued a statement condemning the halftime show, and called on PTC members to file indecency complaints with the FCC. 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 of Appeals, CBS disputed how many of the complaints were filed by individual, non-organized viewers.) Columnist Phyllis Schlafly
Phyllis Stewart Schlafly (; born Phyllis McAlpin Stewart; August 15, 1924 – September 5, 2016) was an American attorney, conservative activist, author, and anti-feminist spokesperson for the national conservative movement. She held paleocons ...
also expressed criticism of the halftime show in her weekly column. Democratic senator Zell Miller
Zell Bryan Miller (February 24, 1932 – March 23, 2018) was an American author and politician from the state of Georgia. A Democrat, Miller served as lieutenant governor from 1975 to 1991, 79th Governor of Georgia from 1991 to 1999, and as U. ...
of Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, both on the floor of the United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
and in an editorial on Salon.com
''Salon'' is an American politically progressive/ liberal news and opinion website created in 1995. It publishes articles on U.S. politics, culture, and current events.
Content and coverage
''Salon'' covers a variety of topics, including re ...
, denounced the halftime show as an example of declining morality in America. The day immediately following the Super Bowl, then-FCC chairman Michael Powell ordered an investigation into the halftime show. However, an Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. ne ...
poll conducted 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. Film director Spike Lee
Shelton Jackson "Spike" Lee (born March 20, 1957) is an American film director, producer, screenwriter, and actor. His production company, 40 Acres and a Mule Filmworks, has produced more than 35 films since 1983. He made his directorial debut ...
, speaking at Kent State University at Stark on February 3, called the incident a "new low" in entertainment. Democratic presidential candidate Howard Dean
Howard Brush Dean III (born November 17, 1948) is an American physician, author, lobbyist, and retired politician who served as the 79th governor of Vermont from 1991 to 2003 and chair of the Democratic National Committee (DNC) from 2005 to 2009 ...
called the FCC's investigation "silly", commenting: "I think the FCC probably has a lot of other things they should be pursuing."
The Super Bowl controversy was also a subject of humor on late-night talk shows. For example, CBS's own ''Late Show with David Letterman'' mocked the incident all week following the Super Bowl. The day after the Super Bowl, host David Letterman joked 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
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
formed a "Department of Wardrobe Security" to prevent further wardrobe malfunctions. On February 4, Letterman opened his monologue by joking about having a wardrobe malfunction and referenced the incident in this night's Top Ten List. Jackson's appearance on the ''Late Show'' the following month increased the show's ratings 20% from the program's usual weeknight opener. Larry King
Larry King (born Lawrence Harvey Zeiger; November 19, 1933 – January 23, 2021) was an American television and radio host, whose awards included 2 Peabodys, an Emmy and 10 Cable ACE Awards. Over his career, he hosted over 50,000 interviews. ...
also stated Jackson jokingly gave him a pair of suspenders with open holes around the nipples, commenting "I wore them once, they were cute."
The halftime show continued to be a subject of discussion in 2005. The parody newspaper ''The Onion
''The Onion'' is an American digital media company and newspaper organization that publishes satire, satirical articles on international, national, and local news. The company is based in Chicago but originated as a weekly print publication on ...
'' ran a lead article on January 26, 2005 entitled "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, ''New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' columnist Frank Rich
Frank Hart Rich Jr. (born 1949) is an American essayist and liberal op-ed columnist, who held various positions within ''The New York Times'' from 1980 to 2011. He has also produced television series and documentaries for HBO.
Rich is curren ...
argued that censorship on television was becoming more prevalent following the halftime show. Examples he cited included PBS
The Public Broadcasting Service (PBS) is an American public broadcaster and non-commercial, free-to-air television network based in Arlington, Virginia. PBS is a publicly funded nonprofit organization and the most prominent provider of educat ...
editing obscene language out of certain programs such as the British terrorist drama ''Dirty War
The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 as ...
'' and more than 60 ABC-affiliated stations (including those owned by the Sinclair Broadcast Group
Sinclair Broadcast Group, Inc. (SBG) is a publicly traded American telecommunications conglomerate that is controlled by the descendants of company founder Julian Sinclair Smith. Headquartered in the Baltimore suburb of Cockeysville, Maryland, ...
, E. W. Scripps Company
The E. W. Scripps Company is an American broadcasting company founded in 1878 as a chain of daily newspapers by Edward Willis "E. W." Scripps and his sister, Ellen Browning Scripps. It was also formerly a media conglomerate. The company is he ...
, Hearst-Argyle Television
Hearst Television, Inc. (formerly Hearst-Argyle Television) is a broadcasting company in the United States owned by Hearst Communications. From 1998 to mid-2009, the company traded its common stock on the New York Stock Exchange under the symbo ...
and Cox Broadcasting) refusing to broadcast ''Saving Private Ryan
''Saving Private Ryan'' is a 1998 American epic war film directed by Steven Spielberg and written by Robert Rodat. Set during the Battle of Normandy in World War II, the film is known for its graphic portrayal of war, especially its depicti ...
'' due to the profanity
Profanity, also known as cursing, cussing, swearing, bad language, foul language, obscenities, expletives or vulgarism, is a socially offensive use of language. Accordingly, profanity is language use that is sometimes deemed impolite, rud ...
prevalent throughout the film. (The latter, which would later be ruled by the FCC to not violate regulations, would air on cable afterwards to avoid controversy.) The ESPN
ESPN (originally an initialism for Entertainment and Sports Programming Network) is an American international basic cable sports channel owned by ESPN Inc., owned jointly by The Walt Disney Company (80%) and Hearst Communications (20%). Th ...
series ''Playmakers
''Playmakers'' is an American drama series that aired on ESPN from August 26 to November 11, 2003. It depicted the lives of the Cougars, a fictional professional football team in an unidentified city. The show starred Omar Gooding, Marcello Th ...
'' was also canceled following the incident. A commercial from Budweiser
Budweiser () is an American-style pale lager, part of AB InBev. Introduced in 1876 by Carl Conrad & Co. of St. Louis, Missouri, Budweiser has become a large selling beer company in the United States.
''Budweiser'' may also refer to an unrela ...
, which depicted a man opening a beverage on the outfit's breastplate and tearing it before it was worn, was intended to be aired during Super Bowl XXXIX the following year, but was pulled before its broadcast.
Canada
In Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, where the Super Bowl telecast was broadcast by the Global Television Network, the incident passed largely without controversy: only about 50 Canadians complained about the incident to the Canadian Broadcast Standards Council
The Canadian Broadcast Standards Council (CBSC) is an industry funded self-regulating organization created by the Canadian Association of Broadcasters to administer standards established by its own members, Canada's private broadcasters.
The coun ...
(CBSC). The CBSC received roughly twice as many complaints about other aspects of the Super Bowl broadcast, including music and advertising issues (though some were expected complaints about Canadian content
Canadian content (abbreviated CanCon, cancon or can-con; ) refers to the Canadian Radio-television and Telecommunications Commission (CRTC) requirements, derived from the Broadcasting Act of Canada, that radio and television broadcasters (includ ...
/simsub
Simultaneous substitution (also known as simsubbing or signal substitution) is a practice mandated by the Canadian Radio-television and Telecommunications Commission (CRTC) requiring broadcast distribution undertakings (BDUs) in Canada to distr ...
issues preventing viewing of the popular American advertisements, which is a common issue among Canadian viewers of the Super Bowl to the present day). Professor Robert Thompson Robert or Bob Thompson may refer to:
Entertainment
* Bobby Thompson (comedian) (1911–1988), English comedian
* Bob Thompson (musician) (1924–2013), American orchestra leader, arranger, composer
* Robert E. Thompson (screenwriter) (1924–2004 ...
, director of the Center for the Study of Popular Television at Syracuse University, stated: "I know many people in other countries are scratching their heads and thinking 'What in the world is the big fuss over there?'"
New Zealand
New Zealand news outlets re-broadcast the "nipplegate" moment (some in slow motion) with out-of-touch commentary alleging that US ultra-conservatives had made the incident into a major controversy. The nation's largest newspaper, the ''New Zealand Herald'', ran an op-ed from a New Zealander living in America detailing his bafflement at his American friends, who had expressed outrage at the glimpse of a nipple while supporting their country's invasion of Iraq and being fans of the television show ''Sex and the City
''Sex and the City'' is an American romantic comedy-drama television series created by Darren Star for HBO. An adaptation of Candace Bushnell's newspaper column and 1996 book anthology of the same name, the series premiered in the United Stat ...
''.
Legal action
On February 4, Terri Carlin, a banker residing in Knoxville
Knoxville is a city in and the county seat of Knox County in the U.S. state of Tennessee. As of the 2020 United States census, Knoxville's population was 190,740, making it the largest city in the East Tennessee Grand Division and the state' ...
, Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, filed a class action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
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
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
and compensatory damages from the performers. Carlin later dropped the lawsuit.[ Also published on CNN.com as]
Woman drops lawsuit over Jackson peep show
. Three months later, Eric Stephenson, a lawyer from Farmington
Farmington may refer to:
Places Canada
*Farmington, British Columbia
* Farmington, Nova Scotia (disambiguation)
United States
*Farmington, Arkansas
*Farmington, California
*Farmington, Connecticut
*Farmington, Delaware
* Farmington, Georgia
* ...
, Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
, filed a US$5,000 lawsuit in small-claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...
against Viacom for false 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 band
A marching band is a group of musical instrument, instrumental musicians who perform while marching, often for entertainment or competition. Instrumentation typically includes brass instrument, brass, woodwind instrument, woodwind, and percus ...
s, balloons and a patriotic celebration. The lawsuit was rejected because Stephenson should have filed a federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
lawsuit or complaint to the FCC, which was already investigating the halftime show.
America Online, the Internet service provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privat ...
that sponsored the halftime show, demanded a refund of the approximately US$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 ... gonna have you naked by the end of this song." In addition, the FCC cited a news article on MTV's website (MTV.com
MTV (Originally an initialism of Music Television) is an American cable channel that launched on August 1, 1981. Based in New York City, it serves as the flagship property of the MTV Entertainment Group, part of Paramount Media Networks, a di ...
) 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 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 the maximum penalty of US$27,500 for each of the 20 CBS-owned television stations (including satellites of WFRV in Green Bay, WCCO in Minneapolis
Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. Minneapolis has its origins ...
and KUTV
KUTV (channel 2) is a television station in Salt Lake City, Utah, United States, affiliated with CBS. It is owned by Sinclair Broadcast Group alongside independent station KJZZ-TV (channel 14) and St. George–licensed MyNetworkTV affiliate K ...
in Salt Lake City
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, th ...
; current CBS owned-and-operated station KOVR
KOVR (channel 13) is a television station licensed to Stockton, California, United States, broadcasting the CBS network to the Sacramento area. It is owned and operated by the network's CBS News and Stations division alongside CW affiliate ...
in Sacramento
)
, image_map = Sacramento County California Incorporated and Unincorporated areas Sacramento Highlighted.svg
, mapsize = 250x200px
, map_caption = Location within Sacramento ...
at the time was owned by the Sinclair Broadcast Group
Sinclair Broadcast Group, Inc. (SBG) is a publicly traded American telecommunications conglomerate that is controlled by the descendants of company founder Julian Sinclair Smith. Headquartered in the Baltimore suburb of Cockeysville, Maryland, ...
) for a fine totaling US$550,000, the largest ever placed against a television broadcaster at that time.[ Also published by CBSNews.com as]
CBS Dealt Record Fine Over Janet
. However, the Parents Television Council and even some of the FCC commissioners criticized the Commission for fining only 20 CBS stations, not all of them, for the halftime show. 66% of respondents to a March 2005 ''Time
Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'' magazine poll believed that the FCC overreacted to the halftime show by fining CBS.
On November 24, 2004, Viacom paid out US$3.5 million to settle outstanding indecency complaints and stated that it would challenge the US$550,000 penalty related to the incident, on the grounds that the broadcast was unintentional and thus exempt from indecency regulation. 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
Philadelphia, often called Philly, is the List of municipalities in Pennsylvania#Municipalities, largest city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, the List of United States cities by population, sixth-largest city i ...
.
On July 21, 2008, the Third Circuit Court of Appeals ruled in favor of CBS, voiding the FCC's fine on the grounds that the enforcement involved a significant deviation from prior practice that was not issued as a clear policy change. On May 4, 2009, however, the Supreme Court vacated
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
and remanded the case back to the Third Circuit for reconsideration in light of the previously decided '' Federal Communications Commission v. Fox Television Stations (2009)''.
On November 2, 2011, the Third Circuit Court ruled 2–1 that its earlier decision was correct, citing that the broadcast was legal under the FCC's then-current policy of allowing "fleeting" indecency on the airwaves, and that it was unfair of the FCC to change the policy retroactively. On June 29, 2012, the Supreme Court declined an FCC appeal.
Other controversies
Commercials
Prior to the broadcast, CBS rejected the MoveOn.org Super Bowl ad
Super Bowl commercials, colloquially known as Super Bowl ads, are high-profile television advertisement, television commercials featured in the U.S. television broadcast of the Super Bowl, the championship game of the National Football League (N ...
'' Bush in 30 Seconds'' because it was deemed too controversial. CBS stated that it had a "decades-old" policy of rejecting advertisements regarding "controversial issues of public importance", although MoveOn charged that the networks had previously accepted similar advertisements from other groups. The Super Bowl broadcast contained numerous commercials for erectile dysfunction medicines and advertisements for Anheuser-Busch
Anheuser-Busch Companies, LLC is an American brewing company headquartered in St. Louis, Missouri. Since 2008, it has been wholly owned by Anheuser-Busch InBev SA/NV ( AB InBev), now the world's largest brewing company, which owns multiple ...
's Bud Light brand featuring a flatulating horse and a dog attacking male genitalia
A sex organ (or reproductive organ) is any part of an animal or plant that is involved in sexual reproduction. The reproductive organs together constitute the reproductive system. In animals, the testis in the male, and the ovary in the female, a ...
; however, no politically charged advertisements appeared during the telecast. CBS, which also held the rights to Super Bowl XLIV
Super Bowl XLIV was an American football game between the National Football Conference (NFC) champions New Orleans Saints and the American Football Conference (AFC) champions Indianapolis Colts to decide the National Football League (NFL) champ ...
, later aired a commercial during that game featuring then- Florida Gators quarterback Tim Tebow and his mother that discreetly refer to their anti-abortion viewpoints. The ad, sponsored by Focus on the Family, received similar controversy. In a league-mandated policy meant to clear the airwaves of such advertisements, the NFL banned those types of commercials from Super Bowl broadcasts (the league ended an advertising relationship with Levitra in March 2007 as an official league sponsor).
In January 2005, Fox
Foxes are small to medium-sized, omnivorous mammals belonging to several genera of the family Canidae. They have a flattened skull, upright, triangular ears, a pointed, slightly upturned snout, and a long bushy tail (or ''brush'').
Twelve sp ...
, the network that carried Super Bowl XXXIX under the NFL's alternating network contract for the championship game, rejected an advertisement for the cold remedy Airborne that briefly showed the naked buttocks of veteran actor Mickey Rooney.
Streaking
Moments after the Jackson-Timberlake tangle, streaker Mark Roberts added to the controversial halftime by running around the field naked except for a well-placed G-string
A G-string is a type of thong, a narrow piece of fabric, leather, or satin that covers or holds the genitals, passes between the buttocks, and is attached to a waistband around the hips. A G-string can be worn both by men and by women. It may ...
attached to half of a miniature football. Part of Roberts' stunt was broadcast in the United States before players from both teams tackled him, allowing stadium security and police to take Roberts into custody.
Other performers
Aside from Jackson's exposure, minor controversy was created when rapper Nelly performed his song "Hot in Herre
"Hot in Herre" is a song by American rapper Nelly, released as the first single from his second studio album '' Nellyville'' (2002). It was released on May 7, 2002, by Universal Records. It was written by Nelly, Charles Brown, and the produc ...
" when a group of female backup dancers all pulled the top-layer of their costumes off, revealing shorter shorts and smaller shirts underneath. Kid Rock appeared in a poncho made from a slit American flag
The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the ca ...
, which he later threw towards the audience. U.S. Senator Zell Miller
Zell Bryan Miller (February 24, 1932 – March 23, 2018) was an American author and politician from the state of Georgia. A Democrat, Miller served as lieutenant governor from 1975 to 1991, 79th Governor of Georgia from 1991 to 1999, and as U. ...
complained that Kid Rock's outfit was a desecration of the American flag.
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
Daytime is a block of television programming taking place during the late-morning and afternoon on weekdays. Daytime programming is typically scheduled to air between the hours of 9:00 a.m. and 5:00 p.m., following the early morning da ...
. These television shows are known for " love in the afternoon" and regularly depict romantic couplings; shortly before the Super Bowl, the Procter & Gamble
The Procter & Gamble Company (P&G) is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio, founded in 1837 by William Procter and James Gamble. It specializes in a wide range of personal health/consumer he ...
soap opera
A soap opera, or ''soap'' for short, is a typically long-running radio or television serial, frequently characterized by melodrama, ensemble casts, and sentimentality. The term "soap opera" originated from radio dramas originally being sponsored ...
s ''As the World Turns
''As the World Turns'' (often abbreviated as ''ATWT'') is an American television soap opera that aired on CBS for 54 years from April 2, 1956, to September 17, 2010. Irna Phillips created ''As the World Turns'' as a sister show to her other s ...
'' 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 inappropriate sexual content in daytime television, and indicated that he was reviewing whether soap operas were violating the agency's indecency prohibitions. In ''The NewsHour with Jim Lehrer
''PBS NewsHour'' is an American evening television news program broadcast on over 350 PBS member stations. It airs seven nights a week, and is known for its in-depth coverage of issues and current events.
Anchored by Judy Woodruff, the prog ...
'', NewsHour correspondent Tom Bearden reports the excerpts from hearings today on regulating broadcast decency.
Two other major sporting events that followed the Super Bowl that year also changed their respective halftime shows following the incident. At the Pro Bowl
The National Football League All-Star Game (1939–1942), Pro Bowl (1951–2022), or Pro Bowl Games (starting in 2023) is an annual event held by the National Football League (NFL) featuring the league's star players.
The format has changed thro ...
, which would be played on February 8 at Aloha Stadium in Hawaii, singer JC Chasez
Joshua Scott "JC" Chasez (; born August 8, 1976) is an American singer, songwriter, dancer, record producer, and occasional actor. He started out his career as a cast member on '' The Mickey Mouse Club'' before rising to stardom with NSYNC, and ...
, a member of boy band 'N Sync as was Timberlake, was to sing the National Anthem
A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and Europea ...
before the game and perform his hit song " Blowin' Me Up (with Her Love)" at halftime
In several team sports, matches are played in two halves. Half-time (also written halftime or half time) is the name given to the interval between the two halves of the match. Typically, after half-time, teams swap ends of the field of play in ...
. However, the NFL did not allow Chasez to perform during halftime due to the sexually suggestive content of his chosen song (even though the game was carried by ESPN, which is not under the content purview of the FCC as it is a cable network, and therefore only self-regulates content as an advertiser-supported service), replacing it with traditional Hawaiian hula dancers. The 2004 NBA All-Star Game
The 2004 NBA All-Star Game was an exhibition basketball game which was played on February 15, 2004, at the Staples Center in Los Angeles, home of the Lakers and Clippers. This game was the 53rd edition of the North American National Basketball A ...
also changed its act, despite being broadcast on TNT
Trinitrotoluene (), more commonly known as TNT, more specifically 2,4,6-trinitrotoluene, and by its preferred IUPAC name 2-methyl-1,3,5-trinitrobenzene, is a chemical compound with the formula C6H2(NO2)3CH3. TNT is occasionally used as a reagen ...
(which is not bound by FCC content regulations as a cable network), having halftime performer Beyoncé perform "Crazy in Love
"Crazy in Love" is a song recorded by American singer Beyoncé, featuring a rap verse and ad-libs from her future husband Jay-Z from her debut solo studio album ''Dangerously in Love'' (2003). The song was released as her official debut single a ...
" instead of " Naughty Girl", which they feared would incite controversy given its sexual content. Jackson was in attendance at the game, and dressed conservatively. The networks that were to broadcast the 46th Grammy Awards
The 46th Annual Grammy Awards were held on February 8, 2004 at the Staples Center in Los Angeles, California honoring the best in music for the recording of the year beginning from October 1, 2002 through September 30, 2003. They recognized ac ...
(CBS) and the 76th Academy Awards
The 76th Academy Awards ceremony, presented by the Academy of Motion Picture Arts and Sciences (AMPAS), honored the best films of 2003 and took place on February 29, 2004, at the Kodak Theatre in Hollywood, Los Angeles beginning at 5:30 ...
(ABC), live events scheduled for February 8 and February 29 respectively, enhanced their broadcast delays to accommodate editing of inappropriate video in addition to audio.
''Guiding Light'' edited out nudity from an episode that had already been taped. A week later, the show's executive producer John Conboy
John Conboy (March 1934 – January 2018) was an American soap opera producer until his death in January 2018.
Career
In 1982, Conboy left ''The Young and the Restless'' and became executive producer of the newly created CBS soap opera ''Capitol'' ...
was fired and replaced by Ellen Wheeler. All nine American network soaps began to impose an unwritten rule of avoiding any sort of risqué adult scenes, and in the months following, editors of soap opera periodical ''Soap Opera Digest
''Soap Opera Digest'' is a weekly magazine covering American daytime soap operas. It features onscreen and offscreen news about the series, interviews with and articles about performers, storyline summaries and analysis, and related promotional in ...
'' wrote about how daytime television was losing its steam. NBC
The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are l ...
also re-edited a scene from an episode of its medical drama '' ER'' where paramedics were wheeling an elderly woman into the hospital, and her breast could be seen in the context of her injury and treatment. Even as late as Veterans Day
Veterans Day (originally known as Armistice Day) is a federal holiday in the United States observed annually on November 11, for honoring military veterans of the United States Armed Forces (who were discharged under conditions other than d ...
(November 11) of 2004, 65 ABC-affiliated stations pre-empted the uncut network presentation of the film ''Saving Private Ryan'' over concerns about the film's violent content and FCC regulations. Benjamin Svetkey of ''Entertainment Weekly'' quoted L. Brent Bozell III and Peggy Noonan
Margaret Ellen Noonan (born 1950), known as Peggy Noonan, is a weekly columnist for ''The Wall Street Journal'', and contributor to NBC News and ABC News. She was a primary speechwriter and Special Assistant to President Ronald Reagan from 1984 t ...
associating the mass pre-emption of the film with the halftime show incident. The annual Victoria's Secret Fashion Show
The Victoria's Secret Fashion Show was an annual promotional event sponsored by and featuring Victoria's Secret, a brand of lingerie. From 1995 to 2018, Victoria's Secret used the show to market its goods in high-profile settings. Models unde ...
was cancelled for that year in reaction to the incident.
A petition was filed by a consortium of broadcasters (which included Viacom) and the RIAA over an FCC indecency ruling, regarding fleeting expletives uttered by Bono of U2 when accepting an award at the 60th Golden Globe Awards
The 60th Golden Globe Awards, honoring the best in film and television for 2002, were held on January 19, 2003, in the Beverly Hilton Hotel, Beverly Hills, California. The nominations were announced on December 19, 2002.
Winners and nominees
...
in 2003. It argued that the FCC had implemented a standard "that would allow it to censor all kinds of things—anything considered blasphemous, coarse or vulgar", and observed that many radio stations, especially rock
Rock most often refers to:
* Rock (geology), a naturally occurring solid aggregate of minerals or mineraloids
* Rock music, a genre of popular music
Rock or Rocks may also refer to:
Places United Kingdom
* Rock, Caerphilly, a location in Wales ...
-formatted stations, had been engaging in self-censorship by censoring or removing songs from their libraries, so that they would not run afoul of the stricter regulation. Clear Channel Communications removed talk-radio host Howard Stern
Howard Allan Stern (born January 12, 1954) is an American radio and television personality, comedian, and author. He is best known for his radio show, '' The Howard Stern Show'', which gained popularity when it was nationally syndicated on terr ...
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 on the Bubba the Love Sponge
Bubba the Love Sponge Clem (born Todd Alan Clem, April 23, 1966) is an American radio personality who hosts ''The Bubba the Love Sponge Show'' on the radio station WWBA in Tampa, Florida, and the subscription service Bubba Army Radio. He can al ...
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
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
passed a bill to raise the maximum FCC fine penalty from said US$27,500 to US$500,000 per violation; the United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
voted to decrease it to US$275,000 per incident, with a cap of US$3 million per day. By June 2006, the two houses reconciled the differences in fine levels, settling for a fine of US$325,000 per violation in the Broadcast Decency Enforcement Act of 2005
The Broadcast Decency Enforcement Act of 2005 (S.193.ENR,) is an enrolled bill, passed by both Houses of the 109th United States Congress, to increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent ...
.
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 in its radio division (at the time called Infinity Broadcasting
Infinity Broadcasting Corporation was a radio company that existed from 1972 until 2005. It was founded by Michael A. Wiener and Gerald Carrus. It became associated with popular radio personalities like Howard Stern, Opie and Anthony, Don Imus ...
). The expanding control on content is said to be a contributing factor that drove Stern away from terrestrial radio
Radio broadcasting is transmission of audio (sound), sometimes with related metadata, by radio waves to radio receivers belonging to a public audience. In terrestrial radio broadcasting the radio waves are broadcast by a land-based radio sta ...
and onto Sirius Satellite Radio
Sirius Satellite Radio was a satellite radio (SDARS) and online radio service operating in North America, owned by Sirius XM Holdings.
Headquartered in New York City, with smaller studios in Los Angeles and Memphis, Sirius was officially lau ...
, and is sometimes credited as the media figure most responsible for introducing a new era in radio.[ 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 telecasts in the past, including Fox's ]Teen Choice Awards
The Teen Choice Awards is an annual awards show that airs on the Fox television network. The awards honor the year's biggest achievements in music, film, sports, television, fashion, social media, and more, voted by viewers living in the United ...
and MTV's self-created Video Music Awards.[ ] Author Frederick S. Lane stated in an interview with John Eggerton of ''Broadcasting & Cable
''Broadcasting & Cable'' (or ''Broadcasting+Cable'') is a weekly telecommunications industry trade magazine published by Future US. Previous names included ''Broadcasting-Telecasting'', ''Broadcasting and Broadcast Advertising'', and ''Broadcas ...
'' 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.
Beginning with Super Bowl XXXIX in 2005, the halftime show began to be produced by Don Mischer Productions and White Cherry Entertainment; those shows contained classic rock artists who mainly performed songs from the 1970s and 1980s (with a notable exception being Bruce Springsteen and the E Street Band
The E Street Band is an American rock band, and has been musician Bruce Springsteen's primary backing band since 1972. The band was inducted into the Rock and Roll Hall of Fame in 2014. For the bulk of Springsteen's recording and performing caree ...
performing their 2008 single " Working on a Dream" during the Super Bowl XLIII
Super Bowl XLIII was an American football game between the American Football Conference (AFC) champions Pittsburgh Steelers and the National Football Conference (NFC) champions Arizona Cardinals to decide the National Football League (NFL) champ ...
halftime show in 2009). This practice ended after Super Bowl XLIV
Super Bowl XLIV was an American football game between the National Football Conference (NFC) champions New Orleans Saints and the American Football Conference (AFC) champions Indianapolis Colts to decide the National Football League (NFL) champ ...
in 2010; beginning with Super Bowl XLV
Super Bowl XLV was an American football game between the American Football Conference (AFC) champion Pittsburgh Steelers and the National Football Conference (NFC) champion Green Bay Packers to decide the National Football League (NFL) champion ...
in 2011, the halftime performance returned to having pop artists.
In 2012, during the halftime show for Super Bowl XLVI, rapper M.I.A. pointed up her middle finger during her performance. That incident drew comparisons with the exposure of Janet Jackson's breast in the Super Bowl halftime show eight years prior. The Associated Press asserted that people learned what M.I.A. did only when reports surfaced in the media and quoted TV critic James Poniewozik
James "Jim" Poniewozik (; born July 12, 1968) is an American journalist and television critic. He is the chief TV critic for ''The New York Times''. Earlier in his career, he wrote ''Time'' magazine's ''Tuned In'' column for 16 years.
Early life
...
: "I had no idea she even did it until NBC issued an apology for it." NBC blurred the entire screen albeit a second too late to obscure M.I.A. giving the finger. The NFL ultimately sued M.I.A. for US$1.5 million on breach of contract grounds.[ The lawsuit was settled in August 2014 and the terms of the settlement remained private. As an indication of the reduced level of complaints, only 222 complaints were filed over the incident.
]
Sports broadcasting
Sports would be greatly affected by the controversy. Three weeks later, NASCAR
The National Association for Stock Car Auto Racing, LLC (NASCAR) is an American auto racing sanctioning and operating company that is best known for stock car racing. The privately owned company was founded by Bill France Sr. in 1948, and ...
stiffened penalties on use of improper language or gestures including larger fines, loss of points (if it occurred in a post-race interview or after the driver fell out of a race), ejection of a team from the race, or lap penalties (if in-race) under the circuit's "detrimental to NASCAR" rule. Johnny Sauter
Jonathan Joseph "Johnny" Sauter (born May 1, 1978) is an American professional stock car racing driver. He last competed part-time in the NASCAR Camping World Truck Series, driving the No. 47 Toyota Tundra for G2G Racing, the No. 13 Tundra for T ...
was fined US$10,000 and 25 points a week after the new rule took effect for obscene language in an interview. Later in 2004, Dale Earnhardt Jr.
Ralph Dale Earnhardt Jr. (born October 10, 1974) is an American semi-retired professional stock car racing driver, team owner, author, and an analyst for '' NASCAR on NBC''. He currently competes part-time in the NASCAR Xfinity Series, driving ...
received a 25-point penalty and a US$50,000 fine when he used an obscenity after winning the 2004 EA Sports 500
The YellaWood 500 is a NASCAR Cup Series stock car race held at Talladega Superspeedway in Lincoln, Alabama, hosting an event in the NASCAR playoffs. The race is one of four NASCAR Cup Series races currently run with tapered spacers, the others ...
at Talladega Superspeedway
Talladega Superspeedway, nicknamed “'Dega”, and formerly named Alabama International Motor Speedway (AIMS) from 1969 to 1989, is a motorsports complex located north of Talladega, Alabama. It is located on the former Anniston Air Force Base ...
. He lost the championship lead after that incident and lost the championship by 100 points. In 2007, Tony Stewart
Anthony Wayne Stewart (born May 20, 1971), nicknamed Smoke, is an American semi-retired professional stock car racing driver, current NASCAR team co-owner of Stewart-Haas Racing, and current co-owner of the Superstar Racing Experience. He is ...
received a similar penalty after using an obscenity in a post-race interview following his Brickyard 400
The Brickyard 400 was an annual NASCAR Cup Series points race held at Indianapolis Motor Speedway in Speedway, Indiana. The inaugural race was held in 1994 and was the first race other than the Indianapolis 500 to be held at the Indianapolis Moto ...
win. Kyle Busch
Kyle Thomas Busch (born May 2, 1985) is an American professional stock car racing driver and team owner. He currently competes full-time in the NASCAR Cup Series, driving the No. 8 Chevrolet Camaro ZL1 for Richard Childress Racing and part-time ...
, in November 2010, was fined US$25,000 for an obscene gesture caught on ESPN, along with an in-race two-lap penalty, as the gesture was aimed at a NASCAR official.
The NFL also came under some smaller controversies over its telecasts. The FCC received a complaint about Fox's telecast of a January 2005 playoff game between the Green Bay Packers and Minnesota Vikings
The Minnesota Vikings are a professional American football team based in Minneapolis. They compete in the National Football League (NFL) as a member club of the National Football Conference (NFC) North division. Founded in 1960 as an expansi ...
; the complainant alleged that Minnesota player Randy Moss
Randy Gene Moss (born February 13, 1977) is an American former professional football wide receiver who played in the National Football League (NFL) for 14 seasons with the Minnesota Vikings, Oakland Raiders, New England Patriots, Tennessee ...
, who scored a touchdown, apparently made movements appearing to moon
The Moon is Earth's only natural satellite. It is the fifth largest satellite in the Solar System and the largest and most massive relative to its parent planet, with a diameter about one-quarter that of Earth (comparable to the width of ...
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 commentator Joe Buck
Joseph Francis Buck (born April 25, 1969) is an American sportscaster.
The son of sportscaster Jack Buck, he worked for Fox Sports from its 1994 inception through 2022, including roles as lead play-by-play announcer for the network's Nation ...
also immediately condemned the act (and additionally, Moss was fined by the NFL). On January 13, 2007, during Fox's coverage of an NFL playoff game between the New Orleans Saints
The New Orleans Saints are a professional American football team based in New Orleans. The Saints compete in the National Football League (NFL) as a member of the league's National Football Conference (NFC) South division. Since 1975, the te ...
and Philadelphia Eagles
The Philadelphia Eagles are a professional American football team based in Philadelphia. The Eagles compete in the National Football League (NFL) as a member club of the league's National Football Conference (NFC) East division. The team play ...
, the camera cut to the stands, showing for four seconds a shirt with the words " Fuck DA EAGLES" that was worn by a female spectator. That drew a backlash from the Parents Television Council, which filed complaints with the FCC.
During NBC's live broadcast of Super Bowl XLIII
Super Bowl XLIII was an American football game between the American Football Conference (AFC) champions Pittsburgh Steelers and the National Football Conference (NFC) champions Arizona Cardinals to decide the National Football League (NFL) champ ...
on February 1, 2009, the five-year anniversary of the original incident, affiliate KVOA-TV
KVOA (channel 4) is a television station in Tucson, Arizona, United States, affiliated with NBC and owned by Allen Media Broadcasting. The station's studios are located on West Elm Street north of downtown Tucson, and its primary transmitter is ...
's analog broadcast feed (the high definition feed of the station was unaffected) over Comcast's Tucson, Arizona
, "(at the) base of the black ill
, nicknames = "The Old Pueblo", "Optics Valley", "America's biggest small town"
, image_map =
, mapsize = 260px
, map_caption = Interactive map ...
system was interrupted by an unknown party, when an excerpt of a film aired by adult cable channel Shorteez was broadcast for 30 seconds to local Comcast subscribers just after Larry Fitzgerald
Larry Darnell Fitzgerald Jr. (born August 31, 1983) is a former American football wide receiver. Fitzgerald played in the National Football League for 17 seasons with the Arizona Cardinals. He played college football at University of Pittsburg ...
scored his fourth-quarter touchdown to take the Cardinals to a 23–20 lead. Afterwards, 10 seconds of an end credit segment from ClubJenna
Jenna Marie Massoli (born April 9, 1974), known professionally as Jenna Jameson (), is an American model, former pornographic film actress, businesswoman, and television personality. She has been named the world's most famous adult entertainme ...
(which, like Shorteez, is owned by Playboy Enterprises
PLBY Group, Inc. is an American global media and lifestyle company founded by Hugh Hefner as Playboy Enterprises, Inc. to oversee the ''Playboy'' magazine and related assets. Its headquarters are in Los Angeles, California.
The company is focus ...
) was shown. Comcast offered a US$10 credit for customers who claimed to have seen the incident, and the Federal Communications Commission investigated the cause of the incident. E! Online
E! (an initialism for Entertainment Television) is an American basic cable channel which primarily focuses on pop culture, celebrity focused reality shows, and movies, owned by the NBCUniversal Television and Streaming division of NBCUniver ...
columnist Josh Grossberg stated: "This almost makes us nostalgic for the days of Nipplegate."
2004 presidential election
Frederick S. Lane argued 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. Jackson claimed the incident was used in the media as a diversion for President George W. Bush's poor approval ratings and the Iraq War
{{Infobox military conflict
, conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق ( Kurdish)
, partof = the Iraq conflict and the War on terror
, image ...
, with Bush and First Lady Laura Bush giving public commentary on the incident rather than focusing on other issues.[
]
Impact on Jackson
Viacom CEO Les Moonves
Leslie Roy Moonves (; born October 6, 1949) is an American media executive who was the chairman and CEO of CBS Corporation from 2003 until his resignation in September 2018 following numerous allegations of sexual harassment, sexual assault and ...
ordered that Janet Jackson's singles and music videos be blacklisted from all of its properties, including CBS, MTV, and its radio station group Infinity Broadcasting
Infinity Broadcasting Corporation was a radio company that existed from 1972 until 2005. It was founded by Michael A. Wiener and Gerald Carrus. It became associated with popular radio personalities like Howard Stern, Opie and Anthony, Don Imus ...
. Jackson was intended to appear at the 46th Grammy Awards
The 46th Annual Grammy Awards were held on February 8, 2004 at the Staples Center in Los Angeles, California honoring the best in music for the recording of the year beginning from October 1, 2002 through September 30, 2003. They recognized ac ...
, which was being held the following week and televised by CBS, but her invitation was withdrawn due to the incident. Jackson was originally scheduled to appear as a presenter for a tribute to Luther Vandross, performed by Celine Dion
Céline Marie Claudette Dion ( ; born 30 March 1968) is a Canadian singer. Noted for her powerful and technically skilled vocals, Dion is the best-selling Canadian recording artist, and the best-selling French-language artist of all time. Her ...
, Richard Marx and Alicia Keys
Alicia Augello Cook (born January 25, 1981), known professionally as Alicia Keys, is an American singer, songwriter, and pianist. A classically trained pianist, Keys started composing songs when she was 12 and was signed at 15 years old by Col ...
, and was chosen due to previously collaborating with Vandross on the number-one hit "The Best Things in Life Are Free
"The Best Things in Life Are Free" is a duet between American singers Luther Vandross and Janet Jackson, recorded for the Jimmy Jam and Terry Lewis-produced soundtrack to the 1992 American film '' Mo' Money'', starring Damon Wayans. The song was ...
". According to ''People Magazine
''People'' is an American weekly magazine that specializes in celebrity news and human-interest stories. It is published by Dotdash Meredith, a subsidiary of IAC. With a readership of 46.6 million adults in 2009, ''People'' had the lar ...
'', Jackson "had been slated to speak before the accolade but was being pressured to bow out gracefully—or face being uninvited", before later being completely barred from attending. However, Timberlake was still allowed to attend and perform at the event. Both Jackson and Timberlake were initially disinvited and later re-invited under the condition that they agree to apologize on air. The majority of the artists at the ceremony were also asked to comment on Jackson's incident. Jackson's long-time producer Jimmy Jam during a pre-Grammy party "Last time I talked to her about it, she was up in the air about it", Jam told CNN. "She was literally sitting on the fence about whether she was going to come or not, or whether she was going to sit back and watch it on TV.".
Jackson had also been cast to play Lena Horne in a movie about the singer and activist's life, which was to be produced by ABC, but was forced to resign following the performance incident.[ A statue of Mickey Mouse wearing Jackson's iconic "Rhythm Nation" outfit was mantled at ]Walt Disney World
The Walt Disney World Resort, also called Walt Disney World or Disney World, is an entertainment resort complex in Bay Lake and Lake Buena Vista, Florida, United States, near the cities of Orlando and Kissimmee. Opened on October 1, 1971, ...
theme park the previous year to honor Jackson's legacy, but was removed following Jackson's controversial performance. A spokesman for Disney said, "Considering all the controversy he performancedrew, we talked it over for a couple of days and decided it would be best to replace hers with a new one."
The blacklisting affected promotion of Janet Jackson's first album released since the incident '' Damita Jo''—her eighth studio album. A majority of the reviews for the album, including those by AllMusic
AllMusic (previously known as All Music Guide and AMG) is an American online music database. It catalogs more than three million album entries and 30 million tracks, as well as information on musicians and bands. Initiated in 1991, the databa ...
, the BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
'' and ''The New York Times'' focused on the negative backlash suffered by Jackson as a result of the incident but gave favorable reviews to the album itself.
, selling over three million copies worldwide and also receiving a Grammy nomination. Singles from the album like "
chart. Although receiving positive reception, the incident also affected the performance of following albums ''20 Y.O.'' and ''Discipline'' due to the blacklist. However, ''20 Y.O.'' managed to sell over 1.5 million copies worldwide, was certified Platinum in the US and received a Grammy nomination.
, selling one million copies worldwide. Subsequent releases "
nomination.