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free speech first amendment censorship

 

Issues

Music

Controversy arises in music when its content touches on issues of violence, sexuality, religion, or obscene language. Rap and hip hop have been blamed for increased street violence and shootings. Heavy metal is targeted as anti-religious. Sexually explicit lyrics are thought to lead to disrespect of women and increased sexuality in minors. Musicians have also been opposed for their image or actions. Elvis’s pelvis caused quite a stir in his day, just as the Satanic, androgynous image of Marilyn Manson, the political viewpoint of the Dixie Chicks, or bat-head-biting antics of Ozzy Osbourne have in recent years. Objecting parties attempt to curtail the spread of these allegedly dangerous ideas or images to vulnerable listeners or claim that such lyrics are indecent and have no value as a form of art. These groups seek to remove such offending music from the airwaves and store shelves so that further "damage" cannot be done.

Censorship occurs in a variety of forms, from private action to government sanctioning through entities like the Federal Communications Commission (FCC). A concert may be cancelled because the band’s name invokes anti-religious ideas, or a radio station may be fined by the government because it played a song with allegedly indecent lyrics. Private actions taken to restrict music, while allowable, may have the undesirable effect of completely removing access to certain music. For example, if a Wal-Mart is the only place to buy CD’s in a small town, the private act of not carrying an "obscene" band in the store effectively prevents fans from acquiring the CD. All of these actions serve to restrict the expression of musical artists who may have valuable and genuine things to say through their art form.

Developments in technology have also created new issues, as music file sharing raises questions of copyright and presents new ways to circumvent restrictions. Although a song may be banned on the radio, file-sharing over the Internet makes it available for download to anyone. Federal statutes such as the Digital Millennium Copyright Act (DMCA) seek to contain musical file sharing online.

The debate over the propriety of music censorship continues. For more information about music censorship, see the incidents and additional resources below.

Incidents

May 2005 - Nine Inch Nails Drops from MTV Movie Awards NEW YORK, NY- Nine Inch Nails dropped out of performing at the MTV Movie Awards due to a clash over an image of President Bush they had planned upon using as a backdrop to the performance. MTV admitted to being uncomfortable to the obvious partisan political statement made by the lyrics of the NIN song "The Hand That Feeds" alongside the image.

May 31, 2005 - Slipknot Concert Objected To ATHENS, GREECE- The Greek Orthodox Church objected to and attempted to cancel a Slipknot concert due to the band's appearance and violent lyrics. The Church stated that public institutions should protect people from events that promote Satanism.

May 5, 2005 - Middle School Band Banned from Playing Song BENTON HARBOR, MI- A middle school marching band was prevented from playing the Richard Berry song, "Louie Louie," because of its history of possibly indecent lyrics, even though the band would not be singing the song. The decision was reversed after parents expressed their support for their children playing the song.

March 25, 2005 - Motley Crue Banned from NBCLOS ANGELES, CA- Motley Crue sued NBC after being banned from NBC programming. NBC's action resulted from band member Vince Neil's use of an expletive during a live broadcast of "The Tonight Show with Jay Leno."

March 23, 2004 - Student Expelled for Listening to Rock Music PORTLAND, OR- 12-year-old Neil Kirkpatrick was expelled from his private school for admitting to listening to bands such as Korn and Rage Against the Machine. He was not allowed to attend his expulsion meeting, nor given a chance to defend himself. His parents were not given notice of the expulsion until after it was decided.

July 16, 2004 - Jadakiss Song Censored for Bush-Criticism LyricNATIONAL- Jadakiss's song "Why" contained lyrics blaming Bush for the Sept. 11th attack on the World Trade Center and was subsequently criticized and edited to remove the offending lyrics.

June 1, 2004 - Britney Spears Costumes Restricted SHANGHI, CHINA- Spears's planned concerts in China are approved with the condition that her stage outfits not be too revealing.

April 12, 2004 - Madonna Show Protested DUBLIN, IRELAND- Due to scheduling issues, Madonna's Dublin show was slated for a Sunday, infuriating local Catholics.

December 11, 2004 - Wal-Mart Sued for CD's Lyrics HAGERSTOWN, MD - A Wal-Mart was sued by customers who bought an Evanescence CD that was not labeled for parental advisory and contained the F-word.

March 19, 2003- Suggestion of Jailing Students Who Download Music TEXAS- Texas Republican congressman John Carter said jailing college students who download music and other copyrighted material from the Internet should be jailed as part of an effort to stop piracy. "What these kids don't realize is that every time they pull up music and movies and make a copy, they are committing a felony under the United States code. If you were to prosecute someone and give them three years, I think this would act as a deterrent."

February 3, 2003 - Band Prevented from Playing at Church-Owned Venue LOS ANGELES, CA- The band Lamb of God, formerly Burn the Priest, was prevented from playing at the Forum in Los Angeles because the owner of the venue, the Faithful Central Bible Church, objected to the band's former name, assuming its songs would be offensive to the church's beliefs.

September 4, 2002 - Jones v. Federal Communications Commission PORTLAND, OR- A Radio station was issued a Notice of Apparent Liability for Forfeiture (NAL) by the FCC for playing female rap artist, Sarah Jones's, song "Your Revolution," which critiques popular hip-hop culture's subjugation of women. Jones sued the FCC for infringing her free expression rights. The case was dismissed due to lack of jurisdiction and the NAL was rescinded.

March 17, 1999 - Congressman Dick Armey, the majority house leader, needs a little help in his parental role DALLAS, TX- Acting as a "concerned parent of five," Armey asked the Dallas Reunion Arena to "take a second look" at a Marilyn Manson show for the "potential negative consequences that this concert could have on our children and our community." The concert was held as scheduled. It is unknown at this time if any of the Armey children attended.

Winter 1998 - School Authorities Urged to Search Lockers of Marilyn Manson Fans FORT WORTH, TX- Shock-rocker Marilyn Manson deemed so threatening that school authorities are being urged to search the lockers of Manson fans. Crime Prevention Center in Fort Worth, which provides seminars for law-enforcement officers and educators, classifies goth-rock fans as "gangs" that engage in criminal activity. The center suggests monitoring the library books borrowed and the Internet sites visited to further identify these children at risk.

May 8, 1998 - Indigo Girls Shows Cancelled Because of Complaints About the Duo's Sexuality COLUMBIA, SOUTH CAROLINA- The cancellation of the concerts at high schools in South Carolina and Tennessee, set off a series of protests by students who say that the concerts were canceled because the singers are lesbian. Many students were suspended for protesting. The Indigo Girls rented halls and invited students to attend as their guests.

March 28, 2002 - Concerts by the rock group Marilyn Manson were barred, then unbarred DETROIT, MI- Michigan legislators introduced bills to require parents to accompany their minor children to such concerts (although the bills don't mandate earplugs)! Not to be outdone, Texas legislators would ban state entities from investing in companies directly or indirectly associated with "offensive" lyrics.

Resources

Websites

» FreeMuse website for the freedom of musical expression

» Mass M.I.C. The Massachusetts Music Industry Coalition, a non-profit organization dedicated to the promotion and preservation of free expression in music.

» Parental Advisory: Music Censorship in America a website dedicated to anecdotes of incidents of music censorship dating back to 1950.

» The R.O.C. Rock Out Censorship a website of a "grass roots anti-censorship organization seeking to counteract efforts being made across the political spectrum to deprive us of our First Amendment rights"

Articles

» Indecency, Again Spring 2004 by Joan E. Bertin The reality of the inconsistent and unpredictable label of "indecency."

» "Decency" on the Airwaves August 7, 2003 Looking at the FCC's decency standard

» The Strange Case of Sarah Jones Spring 2003 by Marjorie Heins Rap artist Sarah Jones's case against the FCC and the origins of the FCC's power to define and policy indecency.

» Testimony of Danny Goldberg, CEO and Co-Owner, Artemis Records before the Senate Commerce Committee September 13, 2000

» National Organizations Praise Student Protesters Oppose Cancellation of Indigo Girls Concerts at Three High Schools May 8, 1998 High school students stage protests for cancelled concerts, believing school officials objected to the performers' sexual orientation not their lyrics, as officials claimed.

» Ratings For Rock Concerts? Spring 1998 by Dave Marsh Commentary on the proposed rating system for live concerts.

» A Band to Scare Parents With May 18, 1997 By Neil Strauss Exploring the controversy that surrounds Marilyn Manson

» Free Speech and the Struggle for Equality Examples of suppression of musical free expression by black artists including Marian Anderson, N.W.A. and 2 Live Crew.

 

 

 

 

 

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