First Amendment And Music Censorship

The First Amendment to the Bill of Rights exists because the Founders of our country understood the importance of free expression. The First Amendment states "Congress shall make no law . . . abridging the freedom of speech, or of the press . . ." (Commission on the Bicentennial of the United States Constitution 17). One of the ways the American people use this freedom of speech and expression is through the creation of the art form known as music. Music's verbal expression bonds our society through our emotions and experiences. This fundamental right of freedom of expression is being threatened by public and governmental groups who believe they have authority to monitor and decide what others should experience. The censorship of music lyrics is a violation of our First Amendment right, and public groups should not be allowed to bypass this right to censor obscene lyrics produced in the music industry.

Through the decades, artists such as Elvis Presley, The Beatles, and The Rolling Stones have raised controversy over their seemingly explicit acts that are now viewed as legendary. Parents banned their children from watching Elvis Presley and his outrageous hip movements though today these moves are copied by Britney Spears, pop groups, and dancers all over the world. In 1956, Ed Sullivan deemed Elvis "unfit for a family audience." However, in 1970 Elvis met the President in the Oval Office, and now his face appears on a postage stamp (RIAA; History 2 of 4). On June 15, 1966, The Beatles released their album Yesterday...and Today featuring a shocking cover with the foursome surrounded by raw meat and butchered baby dolls. Immediately the album was withdrawn from music shelves everywhere and returned only with a new approved cover, now the original copy is worth thousands of dollars. Today Beatlemania is considered an era of their own, which began in Great Britain and spread throughout the world. In 1964, The Rolling Stones catapulted to fame amid outrage and controversy about the surliness of their demeanor and the length of their hair. The Stones were considered "dangerous" and riots and scenes of hysteria erupted wherever they played. "Today, they're in the Rock and Roll Hall of Fame, winners of the prestigious Grammy Lifetime Achievement Award, and on the cover of TIME magazine" (RIAA; History 2 of 4). "There's nothing new about pop and rock music finding its roots in the anger and rebellion of young people, and there's nothing new in older people expressing unrealistic fears about that music" (RIAA; History 3 of 4). History has shown us that what may be initially perceived as objectionable is actually only the reaction of a new or different experience.

Musicians are protected under the First Amendment equally as any citizen in the United States of America. They deserve the same basic human rights we all practice, "however the freedom of expression has special relevance for musicians (Hald 1 of 8). "This offers a special protection of musicians against arbitrary censorship and persecution" (Hald 1 of 8). Not only does censorship of music threaten the freedom of speech, but it also threatens a musician's right to promote their work through free enterprise. "Musicians have the freedom to play music in public or private domains, give concerts, and release CDs" (Hald 1-2 of 8). Some concert venues place restrictions on what an artist can perform or say, and occasionally the public is forced to seek refunds for a previously purchased concert ticket because the venue has decided to cancel a show that may contain lyrics or acts objectionable to some of the audience. In considering these situations, keep in mind that the concert-goer has willingly, on their own accord, decided to purchase a ticket to see an artist perform. Not only is the censorship threatening the freedom of speech and expression, but it is now affecting the artist's attempt to promote their work through free enterprise, as well as the public's right to see an artist perform. Unless an artist is promoting propaganda during war, causing danger to national security, or slandering another's reputation, they are protected under the First Amendment to produce music, regardless of the content, therefore no censorship can be imposed against musicians (Hald 2 of 8).

The RIAA and many pro-censorship groups including the National Parent Teacher Association and the Parents Music Resource Center, had been debating over the meaning of the freedom of speech as contained in the First Amendment and it was not until 1985, that they reached an agreement that music releases which contain explicit lyrics be identified (RIAA; Background 1 of 2). The tool produced from this agreement was the Parental Advisory Label. "The label is a notice to parents that recordings identified with the logo contain strong language or depictions of violence, sex or substance abuse" (Walters 2 of 4). These labels