. . .
it is certainly permissible for such private groups of parents, religious leaders,
or others to critique lyrics which they find offensive for any reason, the effect of
giving official recognition to these positions through a Congressional inquiry can
cast a substantial chill over free expression.
The decision to hold hearings about song lyrics sends the unmistakable signal to
writers, producers, distributors, and broadcasters of this form of music that their
actions are under scrutiny and that official intervention, in the form of federal legislation,
could descend on them from the wings. These hearings seem designed not
to warn parents about content so much as to warn persons in the recording industry
then [sic] they must either "voluntarily" alter their product or face new statutory or regulatory
initiatives. The threat of forthcoming censorship is palpable. This is particularly
true where the product is often marketed through the regulated broadcasting
industry. Any "label warning" means that broadcasters will need to decide whether
to play "labelled" material and those who ignore the labels will undoubtedly face
pressue [sic] at the time of license renewal.
Recent witness lists indicate that a few songwriters will be present to address
charges leveled at rock music. It is certain that specific lyrics will be discussed as
examples of what is "wrong" with rock music. The writers of all these lyrics will
not be present to respond, even if that was their desire. Moreover, creative artists
should not even be expected to explain or justify their work in an official forum
such as a Congressional hearing.
The ACLU knows that many persons in the recording business feel great distress
over Congressional activity in this arena. Although I realize that you are determined
to hold these hearings, I wanted to voice out objections and ask that this
letter be included in the record of the proceedings.
Sincerely,
BARRY W. LYNN,
Legislative Counsel.
. . .
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