Super Bowl XXXVIII, which was broadcast live on February 1, 2004 from Houston, Texas on the CBS television network in the United States, was noted for a controversial halftime show in which Janet Jackson's bare breast was exposed by Justin Timberlake in what was referred to as a wardrobe malfunction. The incident, sometimes referred to as Nipplegate, was widely discussed. It, along with the rest of the halftime show, 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 to CBS, as well as an increase of FCC fines per indecency violation from $27,500 to $325,000. Additionally, the halftime show was seen by some as a sign of decreasing morality in the national culture.

Among several other acts, Janet Jackson and Justin Timberlake performed a medley of their songs "All for You" and "Rhythm Nation" by Jackson and "Rock Your Body" by Timberlake during the halftime show. The performance featured many suggestive dance moves by both singers, and as the song reached the final line, "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 (adorned with a large, sun-shaped nipple shield, a piece of jewelry worn to accentuate the appearance of a nipple piercing). Besides Jackson's exposure, the show featured numerous dancers, alongside rappers Sean "Diddy" Combs (who was nicknamed "P. Diddy" at the time) and Nelly, who were grabbing their crotches, along with other participants in costumes, such as Kid Rock wearing an American flag with holes for the sleeves and collar, which some viewers felt was offensive due to the "difficult times of war" going on.

In the immediate aftermath, the CBS broadcast cut to an aerial view of the stadium, but was unable to do so before the picture was sent to millions of viewers' televisions. Many considered this indecent exposure, as a record-breaking 200,000 Americans contacted the FCC within the weeks following the show to complain, saying it was inappropriate in the context of a football game.

The halftime show was produced by MTV and aired on the CBS television network. At the time, both MTV and CBS were owned by the media group Viacom (as of January 2006, the companies have been split into separate entities, CBS became self-owned, however MTV became part of the new Viacom group spun off from the old Viacom, now known as CBS Corporation. Both companies are still owned by National Amusements). The controversy prompted tighter control of live television and radio broadcasts in the United States by station owners in fear of high fines that could be levied by the Federal Communications Commission (FCC). Following the incident, the NFL announced that MTV, who also produced the halftime show for Super Bowl XXXV, would never be involved in another halftime show. Horovitz, Bruce. x.htm" target="_blank">NFL strives to ensure superclean Super Bowl. _USA Today: February 4, 2005.