mitted expressive activity in the Bandshell and, of course, did not affect other places where concerts could be held. In dissent, Justice Thurgood Marshall argued that the New York City guidelines were not the least intrusive means necessary to achieve the Citys interests. Therefore, the "narrowly tailored" requirement was not met. Justice Marshall contended that the Supreme Court should have investigated whether the "greater efficacy of the challenged regulation outweighs the increased burden it places on protected speech" (Ward v. Rock Against Racism 1989:2761). Also, the dissent found that the New York Use Guidelines were inconsistent with the First Amendments aversion to prior restraint, and claimed that they lacked any procedural safeguards (e.g. nobody could judicially review the technicians decisions during a concert). The dissent concluded that the dangers of a censorship system were not obviated by the New York City guidelines. 2. Music and Incitement: Ozzy Osbourne and Judas Priest On the night of Friday October 26, 1984, 19-year old John McCollum shot himself in the head with a .22 caliber handgun while listening to a record by Ozzy Osbourne (Block 1990:787-788; Blodgett 1986; Coletti 1987:442; Holt 1990:70-72). For most of the evening, McCollum had been listening to Osbournes albums "Diary of a Madman" and "Blizzard of Oz" on the family stereo in the living room. He later went up to his bedroom, put on his headphones, listened to Osbournes album "Speak of the Devil", and shot himself. In October of 1985, McCollums parents filed suit against Osbourne and his record company CBS on charges of negligence, products liability, and intentional misconduct, alleging that the music had incited their son to commit suicide. The Superior Court of Los Angeles County first dismissed the case (August 7, 1986), after which the plaintiffs appealed, claiming that Osbournes songs contained themes of satanic worship and death, and that particula...
