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DA: Jackson's Flash Did Not Break Law

Controversy Becomes Hot Talk-Radio Topic

POSTED: Monday, February 2,
UPDATED: 5:32 pm CST February 2, 2004

Despite the outcry over Janet Jackson and Justin Timberlake's shocking halftime show ending with a peep show, it did not break any laws governed by Houston or Texas.

Harris County District Attorney Chuck Rosenthal has been swamped with phone calls and e-mails asking that Jackson be prosecuted since the show was held in Houston at Reliant Stadium.

"These phones have been busy with it all day," a receptionist in the district attorney's office said.

She now has an official response for callers.

"The law in Texas does not criminalize the exposure of a woman's breast in public," she tells them.

The controversy is also the issue of the hour on talk-radio shows.

"I encourage the D.A. to look at both of them for public lewdness," a caller told a local radio station.

"How about (Timberlake) for sexual assault? The guy reaches right over and grabbed her like that," a disc jockey said.

But while it may have been in bad taste, Rosenthal said it was not illegal or a violation of assault or public lewdness statute.

"The law should make sense and it would make sense that you shouldn't be able to do things like that," he said.

But Rosenthal said there is nothing he can do.

Apologies Issued After Incident

MTV and Timberlake are apologizing for what has been called a "wardrobe malfunction" during the Super Bowl Sunday night that left singer Janet Jackson's right breast exposed for viewers of the game's halftime show -- but the Federal Communications Commission is calling it a "deplorable stunt."

At the end of a flirtatious duet between Timberlake and Jackson to end the halftime performance, Timberlake reached across Jackson's leather gladiator outfit and pulled off part of her top, leaving Jackson's breast -- which was partially covered by a sundial medallion -- exposed.

"The tearing of Janet Jackson's costume was unrehearsed, unplanned, completely unintentional and was inconsistent with assurances we had about the content of the performance," MTV said in a statement. "MTV regrets this incident occurred and we apologize to anyone who was offended by it."

The apology isn't going to settle the matter, as far as FCC chairman Michael Powell is concerned.

"I have instructed the commission to open an immediate investigation into last night's broadcast," Powell said in a statement.

Powell said the investigation would be "thorough and swift." He wasn't hiding his anger in the statement.

"I am outraged at what I saw during the halftime show of the Super Bowl," Powell said. "Like millions of Americans, my family and I gathered around the television for a celebration. Instead, that celebration was tainted by a classless, crass and deplorable stunt. Our nation's children, parents and citizens deserve better."

Timberlake had been singing the line, "Better have her naked by the end of this song" before the incident took place.

When it happened, Jackson appeared to have a pasty on; but by her and Timberlake's reaction, it appeared something did not go as planned.

The network quickly cut away from the shot, and did not mention the incident on the air, while an allegedly stunned Jackson tried to cover her breast.

"I am sorry that anyone was offended by the wardrobe malfunction during the halftime performance of the Super Bowl," Timberlake said in a statement. "It was not intentional and is regrettable."

Jackson has yet to issue a statement on the matter.

Game announcer Greg Gumbel quipped that her performance was a sign the game's second half would feature -- as he put it -- "raw, naked football."

The network, however, did not react to the incident as lightly.

"CBS deeply regrets the incident," said the network's spokeswoman LeslieAnne Wade in a statement. She said CBS officials attended rehearsals of the show all week and that there were no indications that "any such thing would happen."

"The moment did not conform to CBS' broadcast standards and we would like to apologize to anyone who was offended," Wade said.

The NFL has thrown a penalty flag at Jackson -- and MTV.

"We were extremely disappointed by elements of the MTV-produced halftime show," said NFL executive vice president Joe Browne in a statement. "They were totally inconsistent with assurances our office was given about the content of the show."

Browne's statement left little hope for another MTV-NFL collaboration.

"It's unlikely that MTV will produce another Super Bowl halftime." Browne said in the statement.

The league said it was led to believe the show produced by MTV -- known for such controversial incidents as the Madonna-Britney Spears Video Music Awards kiss last year -- would be clean.

The rest of the Super Bowl entertainment appeared to go off without a hitch.

The halftime show also featured Nelly and P. Diddy, with cheerleaders inexplicably singing their names to the tune of Toni Basil's "Mickey."

Kid Rock also revamped "Cowboy" to include Super Bowl references, after he took the field wearing a black-and-white full-length fur with "Cowboy" on the back. And singer Jessica Simpson's sole role in the show was to scream, "Houston, choose to party!"

Singer Josh Groban and rock group Aerosmith were part of the pre-game festivities, while Beyonce Knowles sang the national anthem.

There was a game played at the Super Bowl, too. In it, the New England Patriots beat the Carolina Panthers on a last-minute field goal, 32-to-29.

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