Estimated read time: 1-2 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY (AP) -- Janet Jackson's wardrobe malfunction during the Super Bowl halftime show may be a lot of things, but it's apparently not worth $5,000.
A judge didn't buy a Farmington lawyer's claim that CBS Television owner Viacom should pay him $5,000 for having to see Jackson's bared breast during the Feb. 1 show. Eric Stephenson had sued Viacom for false advertising in small-claims court.
Stephenson claimed he was led to believe this year's Super Bowl halftime show would be a family oriented, patriotic celebration.
The father of three children, ages 2, 4 and 6, said pregame advertising and information in television guides led him to believe he would see marching bands, balloons and a patriotic celebration during the Feb. 1 program.
Instead, Stephenson claimed he was exposed to explicit song lyrics, Jackson's bare breast following a "wardrobe malfunction," 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.
Salt Lake City attorney Jeff Hunt, who represented Viacom, says Stephenson complained in the wrong venue.
He should instead filed a federal lawsuit or voiced his concerns to the Federal Communications Commission, which is already investigating the halftime show, Hunt said.
Stephenson said he was disappointed with Wednesday's ruling and has not yet decided whether he will appeal to district court.
"The real loser here is the consumer," he said. "Without a victory here it gives advertisers a license to lie and get away with it."
(Copyright 2004 by The Associated Press. All Rights Reserved.)
