rly the song Suicide Solution had incited their son because it preached "suicide is the only way out" (quote from the songs lyrics). In addition, the song was claimed to contain "masked" lyrics not printed on the album ("why try, why try, get the gun and try it, shoot, shoot, shoot"). The Court of Appeals ruled that Osbournes music was constitutionally protected and could not be seen as cause of the suicide (McCollum v. CBS 1988). The court first noted that music is protected by the First Amendment, but that freedom of speech is not absolute. Then the court investigated whether the music of Osbourne could have brought about the imminent suicide of listeners. The court decided, on the basis of the so-called Brandenburg test of incitement (a 1969 decision that struck down a state statute prohibiting the advocacy of violence for political and industrial reform), that none of Osbournes lyrics commanded anyone to take immediate action and that the lyrics were at best an advocacy of violent action "at some indefinite time in the future" (McCollum v. CBS 1988:194). Even if Osbournes music could be considered as fatalistic and propagating suicide, the element of immediacy was missing and therefore the lyrics were protected under the First Amendment (note that the song Suicide Solution is in fact about the dangers of alcohol, written by Osbourne after his friend Bon Scott, lead-singer of AC/DC, had died as a result of alcohol abuse). In Nevada, on December 23, 1985, 18-year old Raymond Belknap and his friend James Vance listened to the album "Stained Class" by the British band Judas Priest (Block 1990:778, 788-789; Houser 1990:327-331). They had been listening to the album for over six hours while smoking marijuana and drinking beer. Afterwards, the two men went to a childrens play area near an empty churchyard. Raymond Belknap put a sawed-off shotgun beneath his chin and shot himself. James Vance also shot himself, survived with critical injuri...
