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express yourself

Try to imagine your life without your favorite music. Imagine a world in which our government dictates what we can and cannot listen to in the privacy of our own homes. In some countries this reality exists; however, in the United States, we have the right to free speech, as mandated by the first amendment. As a result, most people believe that as Americans we can say or listen to anything we choose. According to Paul D. Fischer in his article titled “What if They Gave a Culture War and Nobody Came,” the Supreme Court deemed that there are three areas of speech that fall outside first amendment protection; they are, speech that is obscene, causes harm to minors, or incites crimes (1). As a result, free speech is limited and often times censored in this gray area created by the Supreme Court. Since a significant portion of popular music uses controversial lyrics, it often becomes a target of censor advocates. I agree that, under the guidelines of the Supreme Court, people should be held responsible for the consequences of what they say; however, I do not think that musical expression should be limited by any of the exceptions to free speech.

Because music is not fully protected by


Because musical expression is not specifically protected, many artists have been brought to court to defend themselves against lawsuits stemming from the exceptions set fourth by the Supreme Court. One such lawsuit was filed against the band Slayer. The suit was initially filed in 1996 when three boys murdered 15-year-old Elyse Pahler in Arroyo Grande. The three boys allegedly claimed that the murder was inspired by Slayer’s lyrics; however, in Thom Geier’s article, “Facing The Music,” one of the three boys, Joseph Fiorella, was quoted as saying, “The fact is Slayer music didn't have anything to do with the murder. They (police) don't have a motive--so they make up their own." The parents of the victim filed a suit anyway, claiming that Slayer’s lyrics were the cause of the murder and that their music was marketed towards children. Slayer initially won the case; however, Elyse’s parents have filed two failed appeals and are currently awaiting their third. This case has presented an extremely costly and drawn-out defense for Slayer.

Fischer, Paul D. “What if They Gave A Culture War And Nobody Came?” Freemuse. 28 Jan. 2003. Freemuse. 6 Oct. 2003

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Approximate Word count = 1334
Approximate Pages = 5 (250 words per page double spaced)


  

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