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express yourself

 

While privately owned venues should have a right to choose which artists they allow to perform, I believe state and local governments should not have the authority to ban musical performances.
             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. .
             Many other bands have been sued over controversial lyrics such as, the Dead Kennedys. In the mid-eighties the band was sued for "obscene" artwork that was allegedly made available to children. The band, led by lead singer and political activist Jello Biafra, eventually won the case with no help from their record label. The victory came only after spending incredible amounts of time and money. According to Jeffery Ressner, in his Rolling Stone Article, "Biafra Trial Ends in Hung Jury," Biafra spent 55,000 dollars of his own money defending his band. Ressner then quotes Steve Van Zandt, a musician who supported Biafra during the trail, as saying, "Young artists are being pressured not to be so controversial (22).


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