Stopping the music won't stop the violence
First Amendment Outrage
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08.09.00
A Louisiana prosecutor has brought charges against the owner and manager of a local skating rink, claiming that the loud rap and hip-hop music they play is causing juvenile delinquency. The charges stem from a Feb. 5 fight involving several juveniles at the Skate Zone near New Iberia.
Sheriff's deputies called to the scene confiscated 60 compact discs containing a variety of music — rap and hip hop, for sure, but also golden oldies, and even "The Hokey Pokey" — and closed the rink. The owner and manager were warned they would be arrested if they continued to play that sort of music.
"The music that is being played in this establishment is not what we in this community want our children to be hearing," Sheriff Sid Hebert wrote in a letter to area pastors after the incident. "This music is demeaning toward women, includes racial slurs, strong vulgar language and lyrics with anti-law messages. The lyrics of these songs breed violence in the minds of our children, then, unfortunately, they act out what was planted in their minds."
"It's not just a music issue. It's not just a First Amendment issue if you encourage people to fight and stay out past curfew," said Iberia (La.) Parish District Attorney Phil Haney.
There are ways to enforce laws and penalize people for unlawful behavior, but censoring their music is not one of them. Music is protected expression under the First Amendment. People have a First Amendment right to listen and play music without government interference. If they behave badly, that's when government can and should step in.
Besides, does rap or hip hop "cause" violent behavior, or does it reflect violence in the culture? Do mystery novels "cause" readers to go out and commit murder, or do they reflect the evils in the human heart that lead to murder?
Unfortunately, a recent statement by four major public health groups adds fuel to society's often burning desire to censor what it doesn't like the sound of, the words of, or the looks of. The trouble is, the pronouncement by the American Medical Association, the American Academy of Pediatrics, the American Psychological Association and the American Academy of Child & Adolescent Psychiatry on the purported link between entertainment violence and violence in children evidently wasn't based on definitive evidence, despite the impression those groups conveyed. Two professors who have in-depth knowledge of the studies say flatly that the medical groups have made a leap that simply is not supported by the facts.
"The scientific evidence does not support what they are saying," said Jonathan Freedman, a professor in the Department of Psychology at the University of Toronto. "In fact they claim that it does, and that is simply incorrect in my opinion."
Henry Jenkins, a professor of comparative media studies at the Massachusetts Institute of Technology and another expert on the scientific research linking entertainment and violence, said the medical groups were making a "political statement," not one with a scientific basis.
Yet such supposedly scientific "links" induce well-meaning but wrongheaded people not only to condemn pretend-violence and forms of expression they don't like or understand — they certainly have the right to do that — but also to blame it for society's ills and to call for government regulation.
It's the government-regulation part that violates the First Amendment. Under the Constitution, we must keep expression free.
In each succeeding age, children create or gravitate toward their own music. Parents often fear it. If the kids act up, parents and other authorities start playing the "Blame that tune" game, trying to make music and other forms of expression take the rap for what people do of their own free will.
Make no mistake, these are difficult times to be a parent. Caring parents agonize about their children's well-being and wonder whether they are doing enough to keep them safe, whether they could do more.
But officially banning songs, confiscating CDs and closing skating rinks is the wrong way to go.
And still outraged by ...
- Lawmaker should just say 'no' to constituent's effort to muzzle press
Former teacher, upset by paper's use of his photo in article about scuffle with daughter's coach, asks Nevada legislator to restrict newspapers' use of photos.
- Trying to suppress what's disclosed in open court
Wyoming judge sought to hide young rape victim's identity, but holding a TV station in contempt for reporting general information stated in court isn't the way to do it.
- Handcuffing the press - literally - is not justice
Michigan Judge Peter Deegan suddenly decides jurors whose identities had never been concealed had to be protected against picture-taking - so two newspaper photographers end up handcuffed, their film seized.
- Get-even judge allowed to ban news team from court
Dallas County Criminal Court Judge Jim Pruitt denies KTVT news courtroom access because it broadcast critical report - and Texas Supreme Court lets him get away with it.
- Trying to turn reporters' notes into 'evidence'
With no Kansas shield law, Wichita Eagle has little defense against prosecutors who want 'possession' of materials from interview with murder suspect.
- Bookstore tries to shelve subpoena of purchase records
It should come as no surprise that the Drug Enforcement Administration and the North Metro Area Drug Task Force, which operates in the Denver area, would be most anxious to do everything they could to shut down a methamphetamine laboratory and prosecute those involved in the production of the illicit drug. But however strongly one feels about the dangers of drug use, it does not justify tromping on the First Amendment in an effort to add some circumstantial evidence to the government's case.
- Utah thought it had license to regulate speech
Daron Malmborg's 'SCNDL' Olympics vanity plate irritated motor-vehicles officials, so they tried
to take it away.
- Prior restrainers, restrain yourselves
Persistence is generally thought virtuous. But when lawmakers persist in trying to foist unconstitutional bills of wrongs on the rest of us, it's a vice.
- Barking up same unconstitutional tree
Why pass bills to force people to be patriotic and religious, when the whole point of founding the USA was to let people be free?
- Jailing journalist doesn't serve justice
Much more than fair trial at stake as California judge orders journalist Tim Crews to expose confidential source.
- Cops disassemble right to protest
Applying strange reasoning to when First Amendment 'applies,' Denver police order peaceful protesters to vacate public forum.
- City's limit on church attendance out of line
Portland, Ore., official tries to solve neighborhood-nuisance problem by stripping worshippers of basic rights.
- School's art lesson doesn't make grade
For crime of displaying disturbing art, Sarah Boman is suspended and told she needs mental exam.
- Breaking down his door shattered his First Amendment rights
Town gadflies can be exasperating, maybe libelous - but that doesn't mean they should be hauled off their live cable-TV shows and arrested, as happened in Winchester, Tenn.
More outrageOriginal story
Statement linking media violence to violence in kids draws criticism
Censorship foes, academics dispute statement released by four major health associations.
07.31.00
And still outraged by...
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