The most serious threat came from Louisiana,
where Governor Buddy Roemer had to exert his
right of veto to block the bill, acting on the
advice of the PMRC's leaders who felt somewhat
alarmed by what they had triggered and wanted to
stress the voluntary basis of the deal. At this
point, however, their action can no longer be
equated to merely informing the public. The
sponsors of these bills, who acknowledged their
debt to the PMRC, were explicitely bent on
censorship; for Pennsylvania's Rep. Ronald
Gamble, 'the intent is not so much the warning
labels, but to make sure the records are not
sold', while the husband of one of the PMRC's
members, Sen. Ernest Hollings, declared 'if I
could find some way constitutionally to do
away with [explicit lyrics], I would. [I've
asked] the best constitutional minds around to
see if the stuff could be legally outlawed'.5
The RIAA actively opposed these bills, often by
advising state governors. Thus, it was thanks to
RIAA pressure that the Governor of South
Carolina vetoed a bill that would have
established a $1 tax on any record containing
sexually explicit lyrics. Faced with the threat
of legal requirements and censorship bills, the
RIAA counter-attacked in 1990 by designing a
new, standard warning label (the one still used
today: Parental Advisory/Explicit Lyrics), and
strongly advising its members to affix it on
records that could be deemed controversial.
However, the determination of the censors did
not relent. In 1993, South Carolina, New Jersey,
Arizona, Florida, Oregon and New York State, and
in 1994 Missouri and Alaska were still
considering legislation relying on the RIAA
label as a means to determine which records had
to be censored, which would have saved them the
trouble of actually listening to every single
album released.
Thus,
a device initially intended to warn parents was
being used as an indicator for censorship. As
Heins puts it, 'although the RIAA insisted that
its label did not mean music stores should
refuse to sell certain recordings to minors, the
warning was simply too tempting and convenient a
shortcut for censors' (p.90). She quotes an RIAA
official disagreeing with the use of the label
as a method for law enforcement officials to
prohibit the sale of material to minors who had
bitterly commented: 'For now, that has been the
effect' (p.91).
The immediate fallout of resorting to labeling
was what is called the 'chill factor'. The label
'Explicit Lyrics' becoming synonymous with
obscenity, several major retail chains (Camelot
Music & Video, Sears, J.C. Penney, Disc
Jockey, etc.) decided they would no longer carry
labeled records. Others such as Trans World,
Tower, Musicland, Waterloo, Record Bar or Sound
Exchange declared that despite the absence of
legislation they would not sell these records to
minors, requiring proof of age from their
customers and making their employees responsible
if records were found to have been sold to
minors. For example, in a memo sent from the
headquarters on April 20, 1992, Super Club
required its local managers to check
pronouncements from local judges and district
attorneys and remove from display albums
intended to be prosecuted as well as restrict
their sale to minors.
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