In 2002, Entertainment Weekly reported that Jackson was the original choice to perform at the halftime show for Super Bowl XXXVI; however, the NFL ultimately decided to select U2 to headline it after a group of NFL owners and officials attended the band's concert in New York City shortly after the September 11 attacks.

[1] In September 2003, the NFL announced that Jackson would be the headline performer of the Super Bowl XXXVIII halftime show.

[2] Because the event was occurring during an election year, MTV, who was tasked with producing the show, decided that the theme would heavily focus on the network's "Choose or Lose" campaign, which encouraged younger viewers to be politically active and register to vote.

[11] The performance was preceded by Sway Calloway introducing the show and its lineup in a voiceover, followed by a video montage encouraging people to vote.

[12] The montage featuring celebrities such as John Elway, Beyoncé, Tony Hawk, Jennifer Lopez, Elijah Wood, Chris Rock, Julia Roberts, Muhammad Ali, Jay-Z, Tom Cruise and others declaring things people can "choose", concluding with an urging that viewers choose to vote.

Nelly then entered in a car, joining Diddy on stage to perform "Hot in Herre", during which the cheerleaders proceeded to remove articles of their clothing.

Timberlake joined her, and performed "Rock Your Body" with her, at the end of which song he tore off a part of her top, revealing her breast (baring a nipple shield).

Kid Rock received criticism from Veterans of Foreign Wars and Senator Zell Miller for wearing the American flag with one slit in the middle as a poncho during his performance.