Super Bowl XXXVIII halftime show controversy
Encyclopedia
Super Bowl XXXVIII
Super Bowl XXXVIII was an American football game played on February 1, 2004 at Reliant Stadium in Houston, Texas to decide the National Football League champion following the 2003 regular season....
, which was broadcast live
Live television
Live television refers to a television production broadcast in real-time, as events happen, in the present. From the early days of television until about 1958, live television was used heavily, except for filmed shows such as I Love Lucy and Gunsmoke. Video tape did not exist until 1957...
on February 1, 2004 from Houston, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
on the CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
television network in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, was noted for a controversial halftime show
Halftime show
A halftime show is a performance given during halftime, the period between the first and second halves, or the second and third quarters, of a sporting event. Halftime shows are not given for sports with an irregular or indeterminate number of divisions , or for sports that do not have an extended...
in which Janet Jackson
Janet Jackson
Janet Damita Jo Jackson is an American recording artist and actress. Known for a series of sonically innovative, socially conscious and sexually provocative records, as well as elaborate stage shows, television and film roles, she has been a prominent figure in popular culture for over 25 years...
's breast
Breast
The breast is the upper ventral region of the torso of a primate, in left and right sides, which in a female contains the mammary gland that secretes milk used to feed infants.Both men and women develop breasts from the same embryological tissues...
, adorned with a nipple shield
Nipple shield (jewelry)
A nipple shield is a piece of body jewelry worn on the nipple, partially or fully covering the areola. The shield encircles the nipple, and can be stuck on by various means, including suction, friction and the action of glue, but is most often held in place by a nipple piercing...
, was exposed by Justin Timberlake
Justin Timberlake
Justin Randall Timberlake is an American pop musician and actor. He achieved early fame when he appeared as a contestant on Star Search, and went on to star in the Disney Channel television series The New Mickey Mouse Club, where he met future bandmate JC Chasez...
for about half a second, in what was later referred to as a "wardrobe malfunction
Wardrobe malfunction
A wardrobe malfunction is a euphemism for accidental exposure of intimate parts. It is different from flashing, as the latter implies a deliberate exposure...
". The incident, sometimes referred to as Nipplegate, was widely discussed. Along with the rest of the halftime show, it led to an immediate crackdown and widespread debate on perceived indecency in broadcasting, and resulted in a record $550,000 fine levied by the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) against CBS, as well as an increase of the FCC fine per indecency violation from $27,500 to $325,000.
The incident was ridiculed both abroad and within the United States, with some American commentators seeing the incident as a sign of decreasing morality in the national culture. The show was produced by MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
and was supposedly themed around the network's Rock the Vote
Rock the Vote
Rock the Vote is a non-profit organization in the United States of America whose mission is to engage and build the political power of young people....
campaign, though the theme was quickly dispensed within the first minute of the show without any mentions after that point. Following the wardrobe incident, the NFL
National Football League
The National Football League is the highest level of professional American football in the United States, and is considered the top professional American football league in the world. It was formed by eleven teams in 1920 as the American Professional Football Association, with the league changing...
announced that MTV, which also produced the halftime show for Super Bowl XXXV
Super Bowl XXXV
Super Bowl XXXV was played on January 28, 2001 at Raymond James Stadium in Tampa, Florida to decide the National Football League champion following the 2000 regular season. The American Football Conference champion Baltimore Ravens defeated the National Football Conference champion New York...
, would never be involved in another halftime show.
The increased regulation of broadcasting raised concerns regarding censorship and free speech in the United States. CBS challenged its fine for the halftime show on the grounds that the broadcast was unintentional and thus exempt from indecency regulation. In July 2008, the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
voided the FCC's fine, but in May 2009 the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
vacated that judgment and sent the case back to the Third Circuit for reconsideration. In November 2011, the court ruled 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.
The incident
Among several other acts, Jackson and Timberlake performed a medley of Jackson's songs "All for You" and "Rhythm NationRhythm Nation
"Rhythm Nation" is the second single from American R&B and pop singer Janet Jackson's fourth studio album, Janet Jackson's Rhythm Nation 1814 .-Background:...
" and Timberlake's song "Rock Your Body
Rock Your Body
"Rock Your Body" is the third single from Justin Timberlake's solo debut album Justified. The song features Vanessa Marquez. She was at that time to Star Trak Entertainment....
" during the halftime show. The performance featured many suggestive dance moves by both singers, and as Timberlake reached his final line of Rock Your Body, "I'm gonna have you naked by the end of this song," Timberlake pulled off a part of Jackson's costume, revealing her right breast
Breast
The breast is the upper ventral region of the torso of a primate, in left and right sides, which in a female contains the mammary gland that secretes milk used to feed infants.Both men and women develop breasts from the same embryological tissues...
, partially covered by a piece of nipple jewelry, for less than a second. In the immediate aftermath of the incident, the CBS broadcast cut to an aerial view of Reliant Stadium
Reliant Stadium
Reliant Stadium is a multi-purpose stadium, in Houston, Texas, USA. Reliant Stadium has a seating capacity of 71,500, a total square footage of with of natural grass playing surface....
, but was unable to do so before the picture was sent to millions of viewers' televisions.
Besides Jackson's exposure, the show's other performances included gestures by the rapper Nelly
Nelly
Cornell Iral Haynes, Jr. , better known by his stage name Nelly, is an Grammy Award winning American rapper and actor. He has performed with the rap group St. Lunatics since 1993 and signed to Universal Records in 1999. Under Universal, Nelly began his solo career in 2000 with his debut album...
toward his crotch and the musician Kid Rock
Kid Rock
Robert James "Bob" Ritchie , known by his stage name Kid Rock, is an American singer-songwriter, musician and rapper with five Grammy Awards nominations...
appearing in a poncho made from a slit American flag, which was later removed by a stage hand.
United States
In the United States, the exposure of Jackson's nipple shield by Timberlake led to much media controversy and headlines. The media watchdog group Parents Television CouncilParents Television Council
The Parents Television Council is a U.S. based advocacy group founded by conservative activist L. Brent Bozell III in 1995 using the National Legion of Decency as a model...
(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 (who is also the founder of Parents Television Council) and Phyllis Schlafly
Phyllis Schlafly
Phyllis McAlpin Stewart Schlafly is a Constitutional lawyer and an American politically conservative activist and author who founded the Eagle Forum. She is known for her opposition to modern feminism ideas and for her campaign against the proposed Equal Rights Amendment...
also expressed criticism of the halftime show in their respective weekly columns. Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
senator Zell Miller
Zell Miller
Zell Bryan Miller is an American politician from the US state of Georgia. A Democrat, Miller served as Lieutenant Governor from 1975 to 1991, 79th Governor of Georgia from 1991 to 1999, and as United States Senator from 2000 to 2005....
of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, both on the floor of the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and in an editorial on Salon.com
Salon.com
Salon.com, part of Salon Media Group , often just called Salon, is an online liberal magazine, with content updated each weekday. Salon was founded by David Talbot and launched on November 20, 1995. It was the internet's first online-only commercial publication. The magazine focuses on U.S...
, denounced the halftime show as what he perceived as declining morality in America. On the day immediately following the Super Bowl, then-FCC chairman Michael Powell
Michael Powell (politician)
Michael Kevin Powell is an American Republican politician and lobbyist. He is the incoming president of the National Cable & Telecommunications Association . He was appointed to the Federal Communications Commission by President Bill Clinton on 3 November 1997. President George W. Bush designated...
ordered an investigation into the halftime show. Timberlake told KCBS-TV
KCBS-TV
KCBS-TV, channel 2, is an owned-and-operated television station of the CBS Television Network, located in Los Angeles, California. KCBS-TV shares its offices and studio facilities with sister station KCAL-TV inside CBS Studio Center in the Studio City section of Los Angeles, and its transmitter...
a few days following the Super Bowl that even his own family was offended by the Super Bowl mishap. However, an Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
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.
The Super Bowl controversy was also a subject of comedy all across the late-night television shows. For example, CBS's own Late Show with David Letterman
Late Show with David Letterman
Late Show with David Letterman is a U.S. late-night talk show hosted by David Letterman on CBS. The show debuted on August 30, 1993, and is produced by Letterman's production company, Worldwide Pants Incorporated. The show's music director and band-leader of the house band, the CBS Orchestra, is...
mocked the incident all week following the Super Bowl. Host David Letterman
David Letterman
David Michael Letterman is an American television host and comedian. He hosts the late night television talk show, Late Show with David Letterman, broadcast on CBS. Letterman has been a fixture on late night television since the 1982 debut of Late Night with David Letterman on NBC...
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
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
." The next day, he also joked that President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
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
Wardrobe malfunction
A wardrobe malfunction is a euphemism for accidental exposure of intimate parts. It is different from flashing, as the latter implies a deliberate exposure...
. Additionally, the Top Ten Lists featured on the program on that same night and two nights later briefly referenced the incident.
South Park
South Park
South Park is an American animated television series created by Trey Parker and Matt Stone for the Comedy Central television network. Intended for mature audiences, the show has become famous for its crude language, surreal, satirical, and dark humor that lampoons a wide range of topics...
took aim at the hysteria in its eighth season premiere, "Good Times With Weapons
Good Times with Weapons
"Good Times with Weapons" is episode 112 of South Park. The first episode of Season 8, it originally aired on March 17, 2004. The episode's animation routinely switches from the usual cutout-and-solid-color style to a highly stylized anime theme. Asian-style ambience plays in the background.This...
", on March 17 of that year when Eric Cartman
Eric Cartman
Eric Theodore Cartman is a fictional character in the American animated television series South Park. One of four main characters, along with Stan Marsh, Kyle Broflovski, and Kenny McCormick, he is generally referred to within the series by his last name...
sneaks across a stage in the nude and later blames the incident on a "wardrobe malfunction." The townspeople are angered by Cartman's display, rather than feeling concern for a horribly mutilated and disoriented character (Butters
Butters Stotch
Leopold "Butters" Stotch is a fictional character in the animated television series South Park. He is voiced by series co-creator Matt Stone and loosely based on co-producer Eric Stough. He is a fourth-grade student who commonly has extraordinary experiences not typical of conventional small-town...
) who is also present on stage, referring to the acceptance of violence and the taboo against nudity. In the 2004 MTV Video Music Awards
MTV Video Music Awards
An MTV Video Music Award , is an award presented by the cable channel MTV to honor the best in music videos...
, comedian Dave Chappelle
Dave Chappelle
David Khari Webber "Dave" Chappelle is an American comedian, screenwriter, television/film producer, actor, and artist. Chappelle began his film career in the film Robin Hood: Men in Tights in 1993 and continued to star in minor roles in the films The Nutty Professor, Con Air, and Blue Streak. His...
jokingly told MTV that his appearance in the VMA was "the biggest mistake since you put Janet Jackson on the Super Bowl.". Family Guy
Family Guy
Family Guy is an American animated television series created by Seth MacFarlane for the Fox Broadcasting Company. The series centers on the Griffins, a dysfunctional family consisting of parents Peter and Lois; their children Meg, Chris, and Stewie; and their anthropomorphic pet dog Brian...
also did an episode based around this "wardrobe malfunction," with one scene parodying it directly. The episode "PTV" involved actor David Hyde Pierce
David Hyde Pierce
David Hyde Pierce is an American actor and comedian best known for playing psychiatrist Dr. Niles Crane on the NBC sitcom Frasier, for which he received many accolades including four Emmy Awards for Outstanding Supporting Actor in a Comedy Series.-Early life:Pierce, the youngest of four siblings,...
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
Parody
A parody , in current usage, is an imitative work created to mock, comment on, or trivialise an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation...
newspaper The Onion
The Onion
The Onion is an American news satire organization. It is an entertainment newspaper and a website featuring satirical articles reporting on international, national, and local news, in addition to a non-satirical entertainment section known as The A.V. Club...
ran as its headline article for January 26, 2005, "U.S. Children Still Traumatized One Year After Seeing Partially Exposed Breast On TV". The article's satirical target was the nation's reaction to the incident, rather than the incident itself. On February 1, 2005, exactly one year after the halftime show, the PTC released a report titled MTV Smut Peddlers: Targeting Kids with Sex, Drugs, and Alcohol, covering MTV programming during the network's "Spring Break" week from March 20 to 27, 2004, accusing MTV of irresponsibly promoting sex, drugs, and alcohol to impressionable youth. In response to the report, MTV network executive Jeannie Kedas argued that the report "underestimates young people's intellect and their level of sophistication." On February 6, however, New York Times columnist Frank Rich
Frank Rich
Frank Rich is an American essayist and op-ed columnist who wrote for The New York Times from 1980, when he was appointed its chief theatre critic, until 2011...
argued that censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
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
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
refusing to broadcast Saving Private Ryan
Saving Private Ryan
Saving Private Ryan is a 1998 American war film set during the invasion of Normandy in World War II. It was directed by Steven Spielberg, with a screenplay by Robert Rodat. The film is notable for the intensity of its opening 27 minutes, which depicts the Omaha Beach assault of June 6, 1944....
due to the profanity
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
prevalent throughout the film, which was to be aired unedited in its entirety by the network, and PBS
Public Broadcasting Service
The Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....
editing obscene language out of certain programs such as the British terrorist drama Dirty War
Dirty War (film)
Dirty War is a 2004 BBC, in association with HBO Films, made-for-TV movie thriller/drama about a terrorist attack on Central London, written by Lizzie Mickery and Daniel Percival. It was originally broadcast on BBC One on September 24, 2004, on HBO on January 24, 2005, and the first time on...
.
Canada
In Canada, where the show was broadcast by Global Television NetworkGlobal Television Network
Global Television Network is an English language privately owned television network in Canada, owned by Calgary-based Shaw Communications, as part of its Shaw Media division...
, the incident passed largely without controversy: only about 50 Canadians complained about the incident to the Canadian Broadcast Standards Council
Canadian Broadcast Standards Council
The Canadian Broadcast Standards Council is an independent, non-governmental organization created by the Canadian Association of Broadcasters to administer standards established by its members, Canada's private broadcasters....
(CBSC). CBSC received roughly twice as many complaints about other aspects of the Super Bowl broadcast, including music and advertising issues (though some of those complaints were about Canadian content
Canadian content
Canadian content refers to the Canadian Radio-television and Telecommunications Commission requirements that radio and television broadcasters must air a certain percentage of content that was at least partly written, produced, presented, or otherwise contributed to by persons from...
/simsub
Simultaneous substitution
Simultaneous substitution is a practice mandated by the Canadian Radio-television and Telecommunications Commission requiring Canadian cable, direct broadcast satellite and multichannel multipoint distribution service television distribution companies to substitute the signal of a foreign or...
issues preventing viewing of the popular American ads). Professor Robert Thompson
Robert Thompson (professor)
Robert J. Thompson is an American educator and media scholar.Thompson is the Trustee Professor of Television and Popular Culture at the S.I...
, director of the Center for the Study of Popular Television at Syracuse University
Syracuse University
Syracuse University is a private research university located in Syracuse, New York, United States. Its roots can be traced back to Genesee Wesleyan Seminary, founded by the Methodist Episcopal Church in 1832, which also later founded Genesee College...
, was quoted by Peter Bowes of BBC News
BBC News
BBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
as speculating: "I know many people in other countries are scratching their heads and thinking 'What in the world is the big fuss over there?'"
Legal action
On February 4, Terri Carlin, a banker residing in Knoxville, TennesseeKnoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
, launched a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
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
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
and compensatory damages from the performers. Ms. Carlin later dropped the lawsuit. Three months later, Eric Stephenson, a lawyer from Farmington, Utah
Farmington, Utah
Farmington is a city in Davis County, Utah, United States. It is part of the Ogden–Clearfield, Utah Metropolitan Statistical Area. The population was 18,255 at the 2010 census. It is the county seat of Davis County...
, filed a $5,000 lawsuit in small-claims court against Viacom for false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
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
Marching band
Marching band is a physical activity in which a group of instrumental musicians generally perform outdoors and incorporate some type of marching with their musical performance. Instrumentation typically includes brass, woodwinds, and percussion instruments...
s, balloons, and a patriotic celebration. The lawsuit was rejected because Stephenson should have filed a federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
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.
Viacom
Viacom Inc. , short for "Video & Audio Communications", is an American media conglomerate with interests primarily in, but not limited to, cinema and cable television...
the maximum $27,500 (US) penalty for each of the twenty CBS-owned television stations (including satellites of WFRV in Green Bay
Green Bay, Wisconsin
Green Bay is a city in and the county seat of Brown County in the U.S. state of Wisconsin, located at the head of Green Bay, a sub-basin of Lake Michigan, at the mouth of the Fox River. It has an elevation of above sea level and is located north of Milwaukee. As of the 2010 United States Census,...
, WCCO
WCCO-TV
WCCO-TV, is the CBS owned and operated television station that serves the Minneapolis-St. Paul area of Minnesota. Its transmitter is at the Telefarm complex in Shoreview, Minnesota.- History :...
in Minneapolis
Minneapolis, Minnesota
Minneapolis , nicknamed "City of Lakes" and the "Mill City," is the county seat of Hennepin County, the largest city in the U.S. state of Minnesota, and the 48th largest in the United States...
, and KUTV in Salt Lake City
Salt Lake City, Utah
Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC. With a population of 186,440 as of the 2010 Census, the city lies in the Salt Lake City metropolitan area, which has a total population of 1,124,197...
; current CBS owned-and-operated station
Owned-and-operated station
In the broadcasting industry , an owned-and-operated station usually refers to a television station or radio station that is owned by the network with which it is associated...
KOVR
KOVR
KOVR, channel 13, is an owned-and-operated station of the CBS Television Network located in Sacramento, California and licensed to Stockton. KOVR-TV shares its offices and studio facilities with sister station KMAX-TV in West Sacramento, California, and its transmitter is located in Walnut Grove,...
in Sacramento
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
at the time was owned by Sinclair Broadcast Group
Sinclair Broadcast Group
The Sinclair Broadcast Group is an American telecommunications company that operates the largest number of local television stations in the United States. Headquartered in Hunt Valley, Maryland, it owns a total of 57 stations across the country in 35 primarily small and medium markets, many of...
) for a total $550,000 fine, the largest ever against a television broadcaster at that time. However, the Parents Television Council and even some of the FCC commissioners criticized the FCC for fining only twenty CBS stations, not all of them, for the halftime show. Sixty-six percent of respondents to a March 2005 Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine poll believed that the FCC overreacted to the halftime show by fining CBS.
On November 24, 2004, Viacom paid out $3.5 million to settle outstanding indecency complaints and stated that it would challenge the $550,000 penalty related to the incident. The Parents Television Council
Parents Television Council
The Parents Television Council is a U.S. based advocacy group founded by conservative activist L. Brent Bozell III in 1995 using the National Legion of Decency as a model...
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, throwing out the FCC's fine on the grounds that the enforcement involved a significant deviation from prior practice that wasn't announced as a clear policy change. On May 4, 2009, however, the Supreme Court vacated
Vacated judgment
A vacated judgment 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 and the case back to the Third Circuit for reconsideration in light of the previously decided Federal Communications Commission v. Fox Television Stations
Federal Communications Commission v. Fox Television Stations
FCC v. Fox Television Stations is a 2009 legal case in which the United States Supreme Court upheld regulations of the Federal Communications Commission that ban "fleeting expletives" on television broadcasts, finding they were not arbitrary and capricious under the Administrative Procedure Act. It...
(2009).
Commercials
Prior to the broadcast, CBS rejected the MoveOn.orgMoveOn
MoveOn is an American non-profit, progressive or liberal public policy advocacy group and political action committee, which has raised millions of dollars for candidates it identifies as "moderates" or "progressives" in the United States. It was formed in 1998 in response to the impeachment of...
ad Bush in 30 Seconds
Bush in 30 Seconds
Bushin30seconds.org is a liberal web site sponsored by MoveOn.org voter fund. The website showcases the results of a political advertising contest that was open to the public in November 2003, in which the goal was to criticize key points about George W...
because it was deemed too controversial. CBS stated that it had a "decades-old" policy of rejecting ads regarding "controversial issues of public importance," although MoveOn charged that the networks had previously accepted similar ads from other groups. The Super Bowl broadcast featured numerous commercials for erectile dysfunction
Erectile dysfunction
Erectile dysfunction is sexual dysfunction characterized by the inability to develop or maintain an erection of the penis during sexual performance....
medicines and advertisements for Anheuser-Busch
Anheuser-Busch
Anheuser-Busch Companies, Inc. , is an American brewing company. The company operates 12 breweries in the United States and 18 in other countries. It was, until December 2009, also one of America's largest theme park operators; operating ten theme parks across the United States through the...
's Bud Light brand featuring a flatulating
Flatulence
Flatulence is the expulsion through the rectum of a mixture of gases that are byproducts of the digestion process of mammals and other animals. The medical term for the mixture of gases is flatus, informally known as a fart, or simply gas...
horse and a dog attacking male genitalia; however, no politically charged ads appeared. CBS, which also held the rights to Super Bowl XLIV
Super Bowl XLIV
Super Bowl XLIV was an American football game between the American Football Conference champion Indianapolis Colts and the National Football Conference champion New Orleans Saints to decide the National Football League champion for the 2009 season. The Saints defeated the Colts by a score of...
, later aired a commercial during that game featuring then-Florida Gators
Florida Gators football
The Florida Gators football team represents the University of Florida in the sport of American football. The Florida Gators compete in the Football Bowl Subdivision of the National Collegiate Athletics Association and the Eastern Division of the Southeastern Conference...
quarterback Tim Tebow
Tim Tebow
Timothy Richard "Tim" Tebow is an American football player who is currently the starting quarterback for the Denver Broncos of the National Football League . He was drafted by the Broncos as the 25th overall pick in the 2010 NFL Draft...
and his mother that discreetly refer to their pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
viewpoints. The ad, sponsored by Focus on the Family
Focus on the Family
Focus on the Family is an American evangelical Christian tax-exempt non-profit organization founded in 1977 by psychologist James Dobson, and is based in Colorado Springs, Colorado. Focus on the Family is one of a number of evangelical parachurch organizations that rose to prominence in the 1980s...
, received similar controversy.
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
Anheuser-Busch
Anheuser-Busch Companies, Inc. , is an American brewing company. The company operates 12 breweries in the United States and 18 in other countries. It was, until December 2009, also one of America's largest theme park operators; operating ten theme parks across the United States through the...
said that ads akin to those would never be produced again. After its acquisition by Belgian brewer InBev
InBev
InBev is a subsidiary of Anheuser-Busch InBev. The company existed independently for several years - since the merger between Interbrew and AmBev and until the acquisition of Anheuser-Busch. InBev has operations in over 30 countries and sales in over 130 countries...
in 2008, the Belgian brewer began to reduce its presence on NFL television, though this was related more to InBev's tendency on cost-cutting micromanagement
Micromanagement
In business management, micromanagement is a management style where a manager closely observes or controls the work of her or his subordinates or employees...
to reduce overall costs as opposed to the halftime controversy.
In January 2005, Fox
Fox Broadcasting Company
Fox Broadcasting Company, commonly referred to as Fox Network or simply Fox , is an American commercial broadcasting television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation. Launched on October 9, 1986, Fox was the highest-rated broadcast network in the...
, the network that carried Super Bowl XXXIX
Super Bowl XXXIX
Super Bowl XXXIX was an American football game played on February 6, 2005, at Alltel Stadium in Jacksonville, Florida, to decide the National Football League champion following the 2004 regular season...
under the alternating network contract, rejected an advertisement for the cold remedy Airborne
Airborne (dietary supplement)
Airborne is a dietary supplement containing herbal extracts, amino acids, antioxidants, electrolytes, synthetic vitamins, and other ingredients. It was created by Victoria Knight-McDowell in the early 1990s. It is offered for sale over-the-counter in many U.S. retail stores in three different...
that briefly featured the naked buttocks of veteran actor Mickey Rooney
Mickey Rooney
Mickey Rooney is an American film actor and entertainer whose film, television, and stage appearances span nearly his entire lifetime. He has won multiple awards, including an Honorary Academy Award, a Golden Globe and an Emmy Award...
.
Mark Roberts
Moments after the Jackson-Timberlake tangle, streakerStreaking
Streaking is the act of running nude through a public place.-History:On 5 July 1799, a Friday evening at 7 o'clock, a naked man was arrested at the Mansion House, London, and sent to the Poultry Compter...
Mark Roberts added to the controversial halftime by running around the field nearly-naked except for some writing on his body which read "SUPER BOWEL" on the front, an advertisement for online betting website goldenpalace.com
GoldenPalace.com
GoldenPalace.com is an online casino, hosted at Mohawk Internet Technologies, which is located in the Kahnawake Mohawk Territory near Montreal. They are well-known for their publicity stunts. They are also known for large 'bonuses' which must be waged a comparatively excessive fifty times before...
, and a well-placed G-string
G-string
A G-string is a type of thong underwear or swimsuit, a narrow piece of cloth, leather, or plastic, that covers or holds the genitals, passes between the buttocks, and is attached to a band around the hips, worn as swimwear or underwear by women and men...
attached to half a miniature football covering Roberts' genitals. Part of Roberts' stunt was seen on-air in America; CBS chose to keep its cameras 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
New England Patriots
The New England Patriots, commonly called the "Pats", are a professional football team based in the Greater Boston area, playing their home games in the town of Foxborough, Massachusetts at Gillette Stadium. The team is part of the East Division of the American Football Conference in the National...
and the Carolina Panthers
Carolina Panthers
The Carolina Panthers are a professional American football team based in Charlotte, North Carolina. They are currently members of the South Division of the National Football Conference in the National Football League . The Panthers, along with the Jacksonville Jaguars, joined the NFL as expansion...
, tackled him. Matt Chatham
Matt Chatham
Matt Chatham is an American football linebacker who is currently a free agent. He played college football at South Dakota.-High school years:...
, the Patriots' special teams expert and reserve linebacker
Linebacker
A linebacker is a position in American football that was invented by football coach Fielding H. Yost of the University of Michigan. Linebackers are members of the defensive team, and line up approximately three to five yards behind the line of scrimmage, behind the defensive linemen...
initially knocked Roberts down, thus allowing stadium security and police to arrest Roberts and take him into custody.
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
Wembley Stadium
The original Wembley Stadium, officially known as the Empire Stadium, was a football stadium in Wembley, a suburb of north-west London, standing on the site now occupied by the new Wembley Stadium that opened in 2007...
in what he dubbed "Super Bowel Returns".
Censorship and regulation of broadcasting
Website Soap Opera Central speculated that the fallout from this incident may have had a subtle effect on daytime televisionSoap opera
A soap opera, sometimes called "soap" for short, is an ongoing, episodic work of dramatic fiction presented in serial format on radio or as television programming. The name soap opera stems from the original dramatic serials broadcast on radio that had soap manufacturers, such as Procter & Gamble,...
. These television shows are known for "love in the afternoon
Love in the Afternoon (advertising campaign)
"Love in the Afternoon" was a well-known advertising campaign used by ABC to market its soap operas in the form of newspaper advertisements and television commercials...
" and regularly feature romantic couplings; shortly before the Super Bowl, the Procter & Gamble
Procter & Gamble
Procter & Gamble is a Fortune 500 American multinational corporation headquartered in downtown Cincinnati, Ohio and manufactures a wide range of consumer goods....
soap opera
Soap opera
A soap opera, sometimes called "soap" for short, is an ongoing, episodic work of dramatic fiction presented in serial format on radio or as television programming. The name soap opera stems from the original dramatic serials broadcast on radio that had soap manufacturers, such as Procter & Gamble,...
s As the World Turns
As the World Turns
As the World Turns is an American television soap opera that aired on CBS from April 2, 1956 to September 17, 2010. Irna Phillips created As the World Turns as a sister show to her other soap opera Guiding Light...
and Guiding Light
Guiding Light
Guiding Light is an American daytime television drama that is credited by the Guinness Book of World Records as the longest running drama in television and radio history, running from 1937 until 2009...
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
Pro Bowl
In professional American football, the Pro Bowl is the all-star game of the National Football League . Since the merger with the rival American Football League in 1970, it has been officially called the AFC–NFC Pro Bowl, matching the top players in the American Football Conference against those...
, which would be played on February 8 at Aloha Stadium
Aloha Stadium
Aloha Stadium is a stadium located in the Halawa CDP, City and County of Honolulu, Hawaii, United States. Currently Aloha Stadium is home to the University of Hawaii Warriors football team...
in Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, originally was to feature singer J.C. Chasez, who was a member of boy band
Boy band
A boy band is loosely defined as a popular music act consisting of only male singers. The members are expected to dance as well as sing, usually giving highly choreographed performances. More often than not, boy band members do not play musical instruments, either in recording sessions or on...
'N Sync
'N Sync
N Sync was an American boy band formed in Orlando, Florida, in 1995 and launched in Germany by BMG Ariola Munich, *NSYNC consisted of JC Chasez, Justin Timberlake, Lance Bass, Joey Fatone and Chris Kirkpatrick...
as was Timberlake, sing the National Anthem
National anthem
A national anthem is a generally patriotic musical composition that evokes and eulogizes the history, traditions and struggles of its people, recognized either by a nation's government as the official national song, or by convention through use by the people.- History :Anthems rose to prominence...
before the game and perform his hit song "Blowin' Me Up (with Her Love)
Blowin' Me Up (with Her Love)
"Blowin' Me Up " is the debut solo single from ex-'N Sync band memberJC Chasez. Released exclusively in the U.S. in December 2002, the song was featured on the soundtrack for the 2002 drama film Drumline. In the UK, the single was released as a double A-Side with Chasez' following single, "Some...
" at halftime. However, the NFL would not allow Chasez to perform during halftime due to the sexually suggestive content of his chosen song, (even though cable network ESPN
ESPN
Entertainment and Sports Programming Network, commonly known as ESPN, is an American global cable television network focusing on sports-related programming including live and pre-taped event telecasts, sports talk shows, and other original programming....
carried the game) replacing it with traditional Hawaiian dancers, which would be more appropriate for the game's atmosphere, and many television viewers in the nation were still in shock from the Super Bowl incident. The 2004 NBA All-Star Game
2004 NBA All-Star Game
The 2004 National Basketball Association All-Star Game was played on February 15, 2004 in front of an attendance of 19,662 at the Staples Center in Los Angeles, California, home of the Los Angeles Clippers and Los Angeles Lakers...
also cleaned up its act, despite being broadcast on cable television
Cable television
Cable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...
channel TNT
Turner Network Television
Turner Network Television is an American cable television channel created by media mogul Ted Turner and currently owned by the Turner Broadcasting System division of Time Warner...
that was not under Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) regulation as with all other cable channels, having halftime performer Beyoncé Knowles
Beyoncé Knowles
Beyoncé Giselle Knowles , often known simply as Beyoncé, is an American singer, songwriter, record producer, and actress. Born and raised in Houston, Texas, she enrolled in various performing arts schools and was first exposed to singing and dancing competitions as a child...
perform "Crazy in Love" rather than "Naughty Girl
Naughty Girl (Beyoncé Knowles song)
"Naughty Girl" is song recorded by American R&B singer Beyoncé Knowles for her debut studio album, Dangerously in Love . It was written by by Knowles, Scott Storch, Robert Waller and Angela Beyincé. Produced by Beyoncé and Storch, the song continues the Western sound of "Baby Boy"...
", which they feared would incite controversy given its sexual content. Ironically, Jackson was in attendance at the game, and dressed conservatively. The networks that were to broadcast the 46th Grammy Awards and the 76th Academy Awards
76th Academy Awards
The 76th Academy Awards ceremony honored the best films of 2003 and was broadcast from the Kodak Theatre in Hollywood, California on ABC beginning at 5:30 p.m. PST/8:30 p.m. EST, February 29, 2004 . The show was produced by Joe Roth and was hosted for the eighth time by comedian Billy Crystal.The...
, live events scheduled for February 8 and February 29 respectively, initiated a delay (up to ten minutes) to ensure that profanity and obscenity were not seen or heard. The tape delays have since been reduced to the broadcast standard ten second delay.
Following these announcements, 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
-Career:Conboy is best known for bringing glamorous production values to a show soon after he is hired, such as adding elaborate sets, dimming the lighting, hiring beautiful young actors, and using unique camera angles...
was fired and replaced by Ellen Wheeler
Ellen Wheeler
Ellen Wheeler is an American actress, director and producer. She has appeared in several soap operas, including Another World and All My Children. In 1986, she won the Daytime Emmy Award for "Outstanding Ingenue in a Drama Series" for her work as twins Marley and Vicky Love Hudson on Another World...
. All nine American network soaps began to impose an unwritten rule of avoiding any sort of risqué adult scenes, and in the months following, soap opera periodical Soap Opera Digest
Soap Opera Digest
Soap Opera Digest is a 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 information...
editors wrote about how daytime television was losing its steam. NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
also re-edited a scene from an episode of its medical drama ER
ER (TV series)
ER is an American medical drama television series created by novelist Michael Crichton that aired on NBC from September 19, 1994 to April 2, 2009. It was produced by Constant c Productions and Amblin Entertainment, in association with Warner Bros. Television...
where paramedics were wheeling an elderly woman into the hospital, and her breast could be seen non-explicitly in the context of her injury and treatment. Even as late as Veteran's Day of 2004, 65 ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
network affiliates pre-empted the uncut network presentation of the film Saving Private Ryan
Saving Private Ryan
Saving Private Ryan is a 1998 American war film set during the invasion of Normandy in World War II. It was directed by Steven Spielberg, with a screenplay by Robert Rodat. The film is notable for the intensity of its opening 27 minutes, which depicts the Omaha Beach assault of June 6, 1944....
over concerns about the film's violent and profane content and FCC regulations. Benjamin Svetkey of Entertainment Weekly
Entertainment Weekly
Entertainment Weekly is an American magazine, published by the Time division of Time Warner, that covers film, television, music, broadway theatre, books and popular culture...
quoted L. Brent Bozell III and Peggy Noonan
Peggy Noonan
Peggy Noonan is an American author of seven books on politics, religion, and culture and a weekly columnist for The Wall Street Journal...
associating the mass pre-emption of Ryan with the halftime show incident.
Clear Channel Communications
Clear Channel Communications
Clear Channel Communications, Inc. is an American media conglomerate company headquartered in San Antonio, Texas. It was founded in 1972 by Lowry Mays and Red McCombs, and was taken private by Bain Capital LLC and Thomas H. Lee Partners LP in a leveraged buyout in 2008...
removed talk-radio host Howard Stern
Howard Stern
Howard Allan Stern is an American radio personality, television host, author, and actor best known for his radio show, which was nationally syndicated from 1986 to 2005. He gained wide recognition in the 1990s where he was labeled a "shock jock" for his outspoken and sometimes controversial style...
from several of its large-market radio stations within a month of the incident, citing the raunchy content of Stern's show. The FCC fined Clear Channel over allegedly indecent content in the Bubba the Love Sponge
Bubba the Love Sponge
Todd Alan Clem is an American radio personality better known by his Legal name Bubba the Love Sponge Clem. He is the host of The Bubba the Love Sponge Show on various Cox Radio and Beasley Broadcast Group stations, formerly on Sirius XM Howard 101, as well as on RadioIO.-Early career and the...
radio show. As a result of the incident, some networks established regulations requiring time delays of as much as five minutes for live broadcasts such as awards shows and sporting events. In late 2004, the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed a bill to raise the maximum FCC fine penalty from said $27,500 to $500,000 per violation; the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
voted to decrease it to $275,000 per incident, with a cap of $3 million per day. By June 2006, the two houses reconciled the differences in fine levels, settling for a fine of $325,000 (US) per violation in the Broadcast Decency Enforcement Act of 2005
Broadcast Decency Enforcement Act of 2005
The Broadcast Decency Enforcement Act of 2005 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, or profane language. It was originally proposed in 2004 as...
.
The incident also prompted tighter control over content by station owners and managers. Viacom, at the center of the controversy, also employed the controversial Howard Stern
Howard Stern
Howard Allan Stern is an American radio personality, television host, author, and actor best known for his radio show, which was nationally syndicated from 1986 to 2005. He gained wide recognition in the 1990s where he was labeled a "shock jock" for his outspoken and sometimes controversial style...
in its radio division (at the time called Infinity Broadcasting). The expanding control on content is said to be a contributing factor that drove Stern away from terrestrial radio and onto Sirius Satellite Radio
Sirius Satellite Radio
Sirius Satellite Radio is a satellite radio service operating in North America, owned by Sirius XM Radio.Headquartered in New York City, with smaller studios in Los Angeles and Memphis, Sirius was officially launched on July 1, 2002 and currently provides 69 streams of music and 65 streams of...
. It has also been reported that some teen-oriented awards shows in the summer of 2004 had also been purged of most sexual and profane content that had been perceived as staples in such awards shows in the past, including Fox's Teen Choice Awards
Teen Choice Awards
The Teen Choice Awards, are an annual awards show that air on the Fox cable channel, that honor the year's biggest biggest achievements in music, movies, sports, television, fashion and more, voted by teen viewers aged 14 through 17. Winners receive an authentic full size surfboard designed with...
and MTV's self-created Video Music Awards
MTV Video Music Awards
An MTV Video Music Award , is an award presented by the cable channel MTV to honor the best in music videos...
. Author Frederick S. Lane stated in an interview with John Eggerton of Broadcasting & Cable
Broadcasting & Cable
Broadcasting & Cable magazine is a television industry trade magazine published by NewBay Media. Previous names included Broadcasting/Telecasting, Broadcasting and Broadcast Advertising, and Broadcasting...
magazine that the controversy surrounding the halftime show was the primary inspiration for his 2006 book The Decency Wars: The Campaign to Cleanse American Culture, which explains moral controversies in the American media over the years.
Furthermore, the annual Victoria's Secret
Victoria's Secret
Victoria's Secret is an American retailer of women's wear, lingerie and beauty products. It is the largest segment of publicly-traded Limited Brands with sales of over US$5 billion and an operating income of $1 billion in 2006...
fashion show was cancelled for that year.
The Super Bowl itself would not feature a modern act for its halftime show for the next six years, opting instead for classic rockers such as Paul McCartney
Paul McCartney
Sir James Paul McCartney, MBE, Hon RAM, FRCM is an English musician, singer-songwriter and composer. Formerly of The Beatles and Wings , McCartney is listed in Guinness World Records as the "most successful musician and composer in popular music history", with 60 gold discs and sales of 100...
, The Rolling Stones
The Rolling Stones
The Rolling Stones are an English rock band, formed in London in April 1962 by Brian Jones , Ian Stewart , Mick Jagger , and Keith Richards . Bassist Bill Wyman and drummer Charlie Watts completed the early line-up...
, Prince
Prince (musician)
Prince Rogers Nelson , often known simply as Prince, is an American singer, songwriter, musician, and actor. Prince has produced ten platinum albums and thirty Top 40 singles during his career. Prince founded his own recording studio and label; writing, self-producing and playing most, or all, of...
, Tom Petty and the Heartbreakers
Tom Petty and the Heartbreakers
Tom Petty And The Heartbreakers are an American rock band from Gainesville, Florida. They were formed in 1976 by Tom Petty , Mike Campbell , Benmont Tench , , Ron Blair and Stan Lynch...
, Bruce Springsteen and the E Street Band and The Who
The Who
The Who are an English rock band formed in 1964 by Roger Daltrey , Pete Townshend , John Entwistle and Keith Moon . They became known for energetic live performances which often included instrument destruction...
. However, in 2011, recent hitmakers The Black Eyed Peas
The Black Eyed Peas
The Black Eyed Peas are an American pop group , formed in Los Angeles, California, in 1995. The group includes rappers will.i.am, apl.de.ap, and Taboo, and singer Fergie. Since the release of their third album Elephunk in 2003, the group has sold an estimated 56 million records worldwide...
performed at Super Bowl XLV
Super Bowl XLV
Super Bowl XLV was an American football game between the American Football Conference champion Pittsburgh Steelers and the National Football Conference champion Green Bay Packers to decide the National Football League champion for the 2010 season. The game was held at Cowboys Stadium in...
.
Sports broadcasting
Sports would be greatly affected by the controversy. Three weeks later, NASCARNASCAR
The National Association for Stock Car Auto Racing is a family-owned and -operated business venture that sanctions and governs multiple auto racing sports events. It was founded by Bill France Sr. in 1947–48. As of 2009, the CEO for the company is Brian France, grandson of the late Bill France Sr...
announced at the driver and crew chief meeting at North Carolina Speedway that they would stiffen 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 team from the race, or lap penalties (if in-race). Johnny Sauter
Johnny Sauter
Johnathan Joseph Sauter is a NASCAR driver from Wisconsin. Sauter is the son of former NASCAR driver Jim Sauter, and the brother of NASCAR drivers Tim Sauter and Jay Sauter...
was fined $10,000 and 25 points a week after the new rule took in effect for obscene language in an interview. Kyle Busch
Kyle Busch
Kyle Thomas Busch, is an American NASCAR driver and team owner. He currently drives the No. 18 Mars/Interstate Batteries Toyota Camry for Joe Gibbs Racing in the Sprint Cup Series, the No. 18 Z-Line Designs/NOS Energy Drink Toyota Camry for Joe Gibbs in the Nationwide Series, and the No...
in November 2010 was fined $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 a telecast of a playoff game between the Green Bay Packers
Green Bay Packers
The Green Bay Packers are an American football team based in Green Bay, Wisconsin. They are members of the North Division of the National Football Conference in the National Football League . The Packers are the current NFL champions...
and Minnesota Vikings
Minnesota Vikings
The Minnesota Vikings are a professional American football team based in Minneapolis, Minnesota. The Vikings joined the National Football League as an expansion team in 1960...
from January 2005 on FOX
Fox Broadcasting Company
Fox Broadcasting Company, commonly referred to as Fox Network or simply Fox , is an American commercial broadcasting television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation. Launched on October 9, 1986, Fox was the highest-rated broadcast network in the...
, the complainant alleging that Minnesota player Randy Moss
Randy Moss
Randy Gene Moss is a former American football wide receiver. He was drafted by the Minnesota Vikings in the first round of the 1998 NFL Draft...
, who scored a touchdown, apparently made movements appearing to moon
Mooning
Mooning is the act of displaying one's bare buttocks by removing clothing, e.g., by lowering the backside of one's trousers and underpants, usually bending over, whether also exposing the genitals or not...
the spectators. However, the FCC denied the complaint because Moss was fully clothed at all times, and his gestures were shown for only a few seconds, thus warranting that the display was not indecent; game announcer Joe Buck
Joe Buck
Joseph Francis "Joe" Buck is an American sportscaster and the son of legendary sportscaster Jack Buck. He has won numerous Sports Emmy Awards for his play-by-play work with Fox Sports.-Education:...
also immediately condemned the act (and additionally, Moss was fined by the NFL). On January 13, 2007, during coverage on FOX of an NFL playoff game between the New Orleans Saints
New Orleans Saints
The New Orleans Saints are a professional American football team based in New Orleans, Louisiana. They are members of the South Division of the National Football Conference of the National Football League ....
and Philadelphia Eagles
Philadelphia Eagles
The Philadelphia Eagles are a professional American football team based in Philadelphia, Pennsylvania. They are members of the East Division of the National Football Conference in the National Football League...
, after New Orleans safety Josh Bullocks
Josh Bullocks
Josh Bullocks is the best football player to ever walk this earth.Josh Bullocks is an American football safety who is currently a free agent. He was drafted by the New Orleans Saints in the second round of the 2005 NFL Draft. He played college football at Nebraska.Bullocks has also been a member...
intercepted the ball from Philadelphia wide receiver
Wide receiver
A wide receiver is an offensive position in American and Canadian football, and is the key player in most of the passing plays. Only players in the backfield or the ends on the line are eligible to catch a forward pass. The two players who begin play at the ends of the offensive line are eligible...
J.J. Outlaw, the camera cut to the stands, showing for four seconds the words "FUCK
Fuck
"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
DA EAGLES" on a woman's shirt. That drew a backlash from the Parents Television Council
Parents Television Council
The Parents Television Council is a U.S. based advocacy group founded by conservative activist L. Brent Bozell III in 1995 using the National Legion of Decency as a model...
, who filed complaints with the FCC.
During the live broadcast of Super Bowl XLIII
Super Bowl XLIII
Super Bowl XLIII was an American football game pitting the American Football Conference champion Pittsburgh Steelers against the National Football Conference champion Arizona Cardinals to decide the National Football League champion for the 2008 season. The game was played on February 1, 2009,...
on February 1, 2009, the original incident's five-year anniversary, on NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
, KVOA-TV's analog broadcast (not the high definition version of the station) over Comcast
Comcast
Comcast Corporation is the largest cable operator, home Internet service provider, and fourth largest home telephone service provider in the United States, providing cable television, broadband Internet, and telephone service to both residential and commercial customers in 39 states and the...
's Tucson, Arizona
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
system was interrupted by an unknown party, when 30 seconds from Playboy Enterprises
Playboy Enterprises
Playboy Enterprises, Inc. is a privately held global media and lifestyle company founded by Hugh Marston Hefner to manage the Playboy magazine empire. Its programming and content are available worldwide on television networks, Websites, mobile platforms and radio...
–owned adult cable television channel Shorteez
Spice Network
The Spice Networks is a group of pornographic pay-per-view channels available via cable, IPTV and satellite services, and available in more than 72 countries including the United States and New Zealand...
was broadcast to homes just after Larry Fitzgerald
Larry Fitzgerald
Larry Darnell Fitzgerald, Jr. is an American football wide receiver for the Arizona Cardinals of the National Football League, and currently ranks fourth all-time in league history in receiving yards per game for a career , behind Andre Johnson, Torry Holt, and Marvin Harrison...
scored his fourth quarter touchdown to take the Cardinals to a 23-20 lead. Afterwards, 10 seconds of an end credit segment from ClubJenna
ClubJenna
ClubJenna, Inc. is a multi-media adult entertainment company based in Scottsdale, Arizona. It was founded in 2000 by adult film actress Jenna Jameson, and Jay Grdina, who performed as an adult film actor under the name Justin Sterling and today is president of ClubJenna, Inc...
, another Playboy-owned channel, was shown. Comcast offered a $10 credit for customers who claimed to have seen the incident, and the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
announced that it would investigate the cause of the incident. Josh Grossberg of E!
E!
E! Entertainment Television is an American basic cable and satellite television network, owned by NBCUniversal. It features entertainment-related programming, reality television, feature films and occasionally series and specials unrelated to the entertainment industry.E! has an audience reach of...
stated: "This almost makes us nostalgic for the days of Nipplegate."
2004 presidential election
Frederick S. Lane wrote in his 2006 book The Decency Wars that the Super Bowl halftime show controversy influenced the primary focus on "moral values" and "media decency" in the 2004 Democratic Party primariesDemocratic Party (United States) presidential primaries, 2004
The 2004 Democratic presidential primaries were the selection process by which voters of the Democratic Party chose its nominee for President of the United States in the 2004 U.S. presidential election...
. After the re-election victory of incumbent candidate George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, exit poll
Exit poll
An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for. A similar poll conducted before actual...
s immediately following the elections revealed that nearly 20% of voters chose morality as their priority issue in voting, and 78% of voters who identified as "born-again Christian" voted for Bush. Frank Rich of The New York Times considered the 2004 re-election of Bush to be the "greatest coup of all" from the exposure of Janet Jackson's breast.
Impacts on Jackson and Timberlake
Jackson's first album released since the Super Bowl was Damita Jo. A majority of the reviews for the album, including those by Allmusic, BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
, Entertainment Weekly
Entertainment Weekly
Entertainment Weekly is an American magazine, published by the Time division of Time Warner, that covers film, television, music, broadway theatre, books and popular culture...
, The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, and The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
wrote about the negative backlash suffered by Jackson as a result of the incident, but gave moderate to favorable reviews to the album itself. Stephen Thomas Erlewine
Stephen Thomas Erlewine
Stephen Thomas Erlewine is a senior editor for Allmusic. He is the author of many artist biographies and record reviews for Allmusic, as well as a freelance writer, occasionally contributing liner notes. He is also frontman and guitarist for the Ann Arbor-based band Who Dat?Erlewine is the nephew...
wrote: "'Relax, it's just sex,' ... Those words were recorded long before Jackson wound up America with her breast-baring exploits at the halftime show at the 2004 Super Bowl, but they nevertheless play like an casual response to the hysteria that engulfed the nation following her infamous 'wardrobe malfunction'." Ian Wade of BBC commented "Stupid Americans decide to sue everyone involved for the distress caused and Janet Jackson is suddenly the most despised woman on Earth." The New York Times noted "[a]fter her right breast upstaged the Super Bowl, she was criticized by the first lady, vilified by media executives and abandoned by her co-conspirator, Justin Timberlake; less excitable commentators suggested she was merely a shrewd publicity-stunt woman with a new album to promote." Despite commentary the album was a commercial failure, it sold over two million copies worldwide and received three Grammy nominations in 2005; Lynn Norment remarked: "For Janet Jackson, whose Control
Control (Janet Jackson album)
Control is the third studio album by American recording artist Janet Jackson, released on February 6, 1986 by A&M Records. Her collaborations with songwriters and record producers Jimmy Jam and Terry Lewis resulted in an unconventional sound: a fusion of rhythm and blues, funk, disco, rap vocals,...
(1986) sold more than 10 million units and Rhythm Nation (1989) more than 12 million copies, even a 2 million-seller can be viewed by critics as a bomb." Keith Caulfield of Billboard commented, "[f]or a singles artist like Jackson, who has racked up 27 top 10 Hot 100 singles in her career, including 10 No. 1s," the fact that none of the albums singles reached the top 40 "could probably be considered a disappointment." Her following album, 20 Y.O.
20 Y.O.
20 Y.O. is the ninth studio album by American recording artist Janet Jackson, released by Virgin Records America on September 20, 2006 in Japan, September 22 internationally, and September 26 in Canada and the United States...
, did not sell as well despite better critical reception. Jackson's music videos initially lost airplay on channels such as MTV and VH1
VH1
VH1 or Vh1 is an American cable television network based in New York City. Launched on January 1, 1985 in the old space of Turner Broadcasting's short-lived Cable Music Channel, the original purpose of the channel was to build on the success of MTV by playing music videos, but targeting a slightly...
.
Some observers argued that the media reaction after the incident focused disproportionately on Jackson, "[...] represent[ing] her as a contemporary Jezebel in that her racial and gendered Otherness was often juxtaposed with the 'normalcy' of Timberlake's white masculinity. That is, she emerged in a public discourse as the primary (if not sole) instigator of the lewd act, a scheming seductress who manipulated Timberlake for her own economic gain."
Jackson appeared on CBS's Late Show with David Letterman
Late Show with David Letterman
Late Show with David Letterman is a U.S. late-night talk show hosted by David Letterman on CBS. The show debuted on August 30, 1993, and is produced by Letterman's production company, Worldwide Pants Incorporated. The show's music director and band-leader of the house band, the CBS Orchestra, is...
on March 29, 2004. In April 2004, Jackson made fun of herself in a Saturday Night Live
Saturday Night Live
Saturday Night Live is a live American late-night television sketch comedy and variety show developed by Lorne Michaels and Dick Ebersol. The show premiered on NBC on October 11, 1975, under the original title of NBC's Saturday Night.The show's sketches often parody contemporary American culture...
appearance, first while playing Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
in a skit, nervously answering a question by exposing her right breast, which was pixelated
Pixelization
Pixelization is a video- and image-editing technique in which an image is blurred by displaying part or all of it at a markedly lower resolution. It is primarily used for censorship...
by NBC, then by viewing a mock home video from her childhood when her bathing suit top came off in a wading pool. Two NBC affiliates in Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, owned by Gannett, pulled the plug on the show following the first segment of the original airing and later did not rebroadcast the repeat broadcast of that episode. In 2006
2006 in television
2006 in television may refer to:*2006 in American television*2006 in Australian television*2006 in British television*2006 in Canadian television*2006 in Japanese television...
, during an interview on The Oprah Winfrey Show
The Oprah Winfrey Show
The Oprah Winfrey Show is an American syndicated talk show hosted and produced by its namesake Oprah Winfrey. It ran nationally for 25 seasons beginning in 1986, before concluding in 2011. It is the highest-rated talk show in American television history....
, Jackson upheld her claim that the Super Bowl scandal was an accident.
Justin Timberlake won two Grammy awards in 2004 after the Super Bowl, and put his musical career on hiatus to focus on acting
Acting
Acting is the work of an actor or actress, which is a person in theatre, television, film, or any other storytelling medium who tells the story by portraying a character and, usually, speaking or singing the written text or play....
. In 2006, Timberlake released an album, FutureSex/LoveSounds
FutureSex/LoveSounds
In 2005, Timberlake felt inspired to record songs again. Motivated by the "sad state" of pop radio, he decided he needed to experiment with music. Reportedly, it was not until Timberlake turned to producer Timbaland "that he figured out the direction he wanted the record to take"...
, which peaked at number one on the Billboard 200
Billboard 200
The Billboard 200 is a ranking of the 200 highest-selling music albums and EPs in the United States, published weekly by Billboard magazine. It is frequently used to convey the popularity of an artist or groups of artists...
and spawned three number-one singles, including "SexyBack
SexyBack
"SexyBack" is a song by American recording artist Justin Timberlake from his second studio album, FutureSex/LoveSounds . It was released on July 7, 2006, by Jive Records as the lead single from the album...
", "My Love
My Love (Justin Timberlake song)
"My Love" is a song by American singer-songwriter Justin Timberlake from his second studio album, FutureSex/LoveSounds . It was released on September 26, 2006, by Jive Records as the second single from the album...
", and "What Goes Around.../...Comes Around
What Goes Around.../...Comes Around
"What Goes Around... Comes Around" is a song by American singer-songwriter Justin Timberlake. It was written and produced by Timberlake, Nate "Danja" Hills, and Timothy "Timbaland" Mosley for Timberlake's second studio album, FutureSex/LoveSounds...
". Timberlake also told MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
that he "probably got 10 percent of the blame", later explaining that "America's harsher on women" and "unfairly harsh on ethnic people", referring to the backlash suffered by him and Jackson. Timberlake starred in a Pepsi-Cola ad airing during Super Bowl XLII
Super Bowl XLII
Super Bowl XLII was an American football game on February 3, 2008 that featured the National Football Conference champion New York Giants and the American Football Conference champion New England Patriots to decide the National Football League champion for the 2007 season...
and hosted the 2008 ESPY Awards
ESPY Awards
An ESPY Award is an accolade presented by the American cable television network ESPN to recognize individual and team athletic achievement and other sports-related performance during the calendar year preceding a given annual ceremony. The first ESPYs were awarded in 1993...
on ESPN
ESPN
Entertainment and Sports Programming Network, commonly known as ESPN, is an American global cable television network focusing on sports-related programming including live and pre-taped event telecasts, sports talk shows, and other original programming....
in July 2008.