Expert: Michael Troy - 12/12/2006

Question
my question has a lot do deal with KT's. I also am doing a report on censorship of music. i actually have a couple of questions if thats all right. my first is, what gives the government the power or authority to think that they can filter what we listen to? my second question is, why have they gone awol with OHH my GOd theres swearing in this CD so were banning it. Why is the government so controlling? arent we the people the real government?

Answer
Hi Blake,

Government cannot ban music under the First Amendment.  The Supreme Court has interpreted the free speech clause of the First Amendment to make it almost impossible to ban music.

Governments can place reasonable time, place and manner restrictions on music to make sure that children are not subjected to overtly sexual or violent lyrics.  But any such restrictions must not unduly burden adults who wish to receive the music.

I cannot think of a single instance where the government has ever banned a CD.  If it ever happened, I'm sure the courts would reverse that ban very quickly.

What does frequently happen is private groups put boycott or other pressure on retailers to stop selling music with certain offensive lyrics.  Private groups are perfectly free to organize boycotts or other forms of economic pressure against retailers for whatever reason they like.  Those actions are also protected by the First Amendment.

Government also has the ability to prevent broadcasters from permitting offensive lyrics from being broadcast.  Courts have granted the government greater power broadcast media under the argument that unlike other speech, broadcast can only support a limited number of broadcasters.  Therefore government has the right to regulate speech of the broadcasters in order to ensure that everyone can enjoy receiving broadcasts without being offended.

Personally, I think it was a mistake for the courts to give government that power over broadcasters, but they didn't ask me.

As for why the government is so controlling.  Politicians get pressure from certain groups, particularly religious and seniors to restrict or limit offensive lyrics.  Despite the First Amendment, politicians are most concerned about being re-elected.  Therefore, most of them will focus on doing whatever keeps their key constituents happy.  Since seniors and members of religious groups vote in much larger numbers than teens or civil libertarians, politicians are much more likely to support the more conservative position on these issues.

But as I said, in most cases, this does not involve an outright ban.  It involves restrictions such as warning labels or broadcast limits on such music.

I hope this helps!

- Mike