In 1957, in Roth v. United States, obscenity was
defined as 'a speech about sex that is utterly
without redeeming social importance'.1 Two more
criteria were added in the sixties, 'patently
offensive' and 'appeal to prurient interest in
sex' (which sets 'good' pornography apart as it
may have artistic value or arouse non prurient
desires).
But as the Supreme Court pointed out, the line
separating what is obscene (thus illegal) from
what is pornographic (and as such under First
Amendment protection) is often dim and uncertain.
In 1973, Miller v. California modified one more
time the definition of obscenity. Instead of 'utterly
without redeeming social importance', the new
criterion became 'lacked seriously literary,
artistic, political or scientific value', with
all the ambiguities regarding the appreciation
of 'value' in artistic works. Another major
change was that from then on, 'contemporary
community standards' were used to decide whether
a given material was 'patently offensive' or
appealed to 'prurient interest in sex'.
This
implied that depending on the State or the city,
the same material could be judged illegal or
not.
This legal frame was strengthened by the
establishment of another category of speech,
indecency, which, though not obscene, can all
the same be restricted by law. It applies to 'patently
offensive depictions or descriptions of sexual
or excretory activities or organs'. These
various definitions, because of their looseness,
leave room for subjectivity and led to numerous
convictions for obscenity and indecency by local
courts. Such was the legal apparatus on which
the PMRC relied in its efforts against rock
music.
Censoring
sexuality in popular music.
It
was not the first time popular music was being
attacked. Until the late eighties, obscenity
prosecutions against music had been virtually
inexistant but it does not mean that music had
not been the target of censorship. The issue is
obviously too large to be dealt with here
satisfactorily, but a few facts may prove useful
to delineate the context in which the PMRC
developed. From their early days, jazz and blues
had often been labelled 'the devil's music' or
'jungle music' and as Count Basie recalls, they
were often described in terms of 'orgies' (Heins,
p.80).
African-American
genres frightened because they expressed every
aspect of human nature, including sexuality; the
rampant discrimination against African-American
culture was thus made legitimate and respectable
since censoring these musics was presented as a
crusade for decency. While black music had been
directed at the black market, no one had really
objected; it is only when the white youth began
to be attracted that the attacks really began.
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