On February 1st, 2004, over 89 million people tuned into the XXXVIII Super Bowl halftime show. During part of the performance, headliner Janet Jackson and guest performer Justin Timberlake sang “Rock Your Body”. Towards the end of the song, Justin Timberlake pulled part of her outfit, exposing her breast, which was later deemed a “wardrobe malfunction”. This incident sparked major controversy, with many news outlets covering it; art and performances can challenge what society accepts, tolerates, or is outraged by. Originally, there was a planned costume reveal, but it has been disputed over the years.
Janet Jackson was not charged with the crime of public nudity during her performance. Timberlake faced heavy public scrutiny and backlash for exposing Jackson. The Federal Communications Commission took legal action against the broadcast network, CBS. No criminal charges, arrests, or any type of prosecution were brought against Jackson or Timberlake for public nudity. The FCC proposed a fine to CBS of $550,000 for the “wardrobe malfunction” and how it violated the federal broadcast standard around sexual content during certain hours, since children could be watching the broadcast. After years of legal challenges, when the case was brought to the Supreme Court, the resolution in 2012 was that the Court refused to hear the government’s appeal and permanently dismissed the $550,000 fine against CBS.
Although Jackson did not face any criminal penalties, she did face the brunt of the industry’s backlash, while Timberlake faced less scrutiny and was permitted to perform at the Grammy Awards shortly after the way he conducted himself on stage. Jackson’s music and music videos were reportedly removed and reduced in rotation across various platforms, ultimately impacting her career. This situation was not a traditional crime, but there was punishment through social and professional means. The controversy demonstrates how society can punish certain behaviors even when crimes are not committed or convicted in the eyes of the court. Ultimately, the Super Bowl halftime show is an example of how performances and crime can be intertwined.
