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May 22, 2004
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Janet's exposure prompts lawsuit


By Elizabeth Neff
The Salt Lake Tribune


    Janet Jackson's infamous "wardrobe malfunction" at this year's Super Bowl was the tip of the iceberg for Farmington attorney Eric Stephenson.
    Even without the live shot that showed the singer's bare breast, Stephenson says the halftime show was a far cry from the family entertainment CBS had promised.
    He has taken his complaints to small-claims court, where he is suing CBS owner Viacom for $5,000 under Utah laws against false advertising.
    "This is a simple case of bait and switch," Stephenson told Judge Jerald Jensen in court Friday. "They had total control . . . to tell me what was going to happen, and they had total control to hide it from me."
    The father of three children ages 6, 4 and 2, Stephenson cited write-ups about the show in publications such as TV Week that he says led him to believe he would see marching bands, balloons and a patriotic celebration during the Feb. 1 program.
    Instead, he says, he was stunned by explicit song lyrics, Jackson and her dancers simulating sex acts on stage and what he called singer Kid Rock's desecration of the American flag by wearing it as a poncho.
    At the end of a duet with Jackson, singer Justin Timberlake ripped off a panel of her clothing that exposed her breast briefly before cameras cut away. Jackson has claimed the exposure was accidental.
    Salt Lake City attorney Jeff Hunt, who is representing Viacom, says Stephenson is complaining in the wrong venue. He should instead voice his concerns to the Federal Communications Commission, which is already investigating the halftime show, Hunt said.

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    Stephenson's claim could have also been filed in district court, he added.
    "It's clear he felt this content was offensive, but it's clear it's content that has First Amendment protection," Hunt said.
    "You may not like it, you may be offended by it, but it's stretching it to say it's false advertising."
    A televised promotional spot touting the halftime show told viewers it was produced by MTV -- a disclosure Hunt argued should have put Stephenson on notice about the possible types of behavior, which are routinely shown in music videos.
    Stephenson replied that he does not watch MTV, and didn't know what to expect.
    But Hunt argued that is exactly what the case is about. Hunt said Viacom did not lead viewers to believe anything false about the halftime show. Stephenson jumped to his own conclusions, he said.
    Hunt went on to say Stephenson could not prove he suffered any monetary damages from the free broadcast.
    Stephenson said he paid for cable so he could watch the show and commercials, which he would not have done, had he known the content of the halftime show.
    Jensen said he will issue his decision in the case no later than Thursday.
   
   

© Copyright 2004, The Salt Lake Tribune.
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