Janet Jackson (search) finds herself between a Utah man and media conglomerate Viacom in a lawsuit.

Attorney Eric Stephenson feels the Super Bowl halftime show (search) was falsely advertised, so he's taking the company to small claims court for $5,000.

He's suing the owner of CBS, saying pre-game ads led him to believe he would be seeing marching bands, balloons, and a patriotic celebration. Instead, he says he was exposed to explicit song lyrics, Janet Jackson's bare breast, and what he calls Kid Rock's (search) desecration of the American flag by wearing it as a poncho.

Viacom attorney Jeff Hunt says Stephenson should complain to the FCC rather than go to small claims court. Hunt says the show's content had First Amendment protection and it's a stretch to call it false advertising.

Hunt adds the FCC is already investigating what went wrong on the Feb. 1 telecast.

A judge will decide the case no later than Thursday.