FREEDOM OF EXPRESSION
IN THE ARTS AND ENTERTAINMENT
from ACLU website
In the late 1980s, state prosecutors brought a criminal obscenity charge against the owner of a record store for selling an album by the rap group, 2 Live Crew. Although this was the first time that obscenity charges had ever been brought against song lyrics, the 2 Live Crew case focused the nation's attention on an old question: should the government ever have the authority to dictate to its citizens what they may or may not listen to, read, or watch?
Of course my argument is that those who set about to convince themselves and others that there actually is an answer -- the answer -- to this question, can often become hypocrites when the work of art, the music or the book is one that reflects their own value judgments.
Art or obscenity? Your community standards or mine? Will someone who condemns a song that blatantly advocates racism be willing to go so far as to [legally] keep the song from being sold...or even listened to? Then in a community of Nazis that seek to censor a song that champions a racial melting pot be opposed to their attempts to do the same.
Or songs, books, works of art that champion pedophilia or bestiality or misogyny or slavery.
Or the reverse: Instead of censoring particular political values, insist that, say, schools should be required to teach them to all children.
American society has always been deeply ambivalent about this question. On the one hand, our history is filled with examples of overt government censorship, from the 1873 Comstock Law to the 1996 Communications Decency Act. Anthony Comstock, head of the Society for the Suppression of Vice, boasted 194,000 "questionable pictures" and 134,000 pounds of books of "improper character" were destroyed under the Comstock Law -- in the first year alone. The Communications Decency Act imposed an unconstitutional censorship scheme on the Internet, accurately described by a federal judge as "the most participatory form of mass speech yet developed."
Not to be ambivalent can, however, be seen as the greater danger. Here it then revolves around who has the actual power to enforce one set of values over all others. Our values, fine and dandy. But their values? No way! And though one can make a sincere and honest effort to embrace free speech for
all music, books and works of art, don't we have those proverbial lines in the sand that others cross at their peril.
Others go "too far this time", and censorship, arrest or punishment begins to actually make more sense. It's all about context and point of view.
And, of course, not thinking about this as I do.