THE CRIMINALIZATION OF MUSIC: RAPPING AND ROCKING WITH THE LAW The court cases on popular music I presented have all set important precedents which have lead to considerable debate among legal scholars and professionals. The rise of the PMRC and particularly the Senate Hearing, which did not seek any legislation but which nevertheless represented intervention or at least interest by legislators and politicians, have inspired several legal scholars to write on the possibility of future legislation and some legal difficulties in the control of music. The First Amendment has been a central concern in these discussions, and other means of legal control (incitement, obscenity) were considered. Next, the cases on loudness and incitement received some attention, but it was not until the obscenity trial of the 2 Live Crew that the legal ball got really rolling, with over a dozen of articles appearing in professional law journals. 1. The First Amendment The first wave of legal articles on the control and censorship of music appeared soon after the Senate Hearing was held. A review of these discussions will make it clear that a) nearly all legal scholars agreed that there were many constitutional problems with the proposed labeling and/or rating system for records; and b) while several articles focused on the possibilities of future legal control of music, none of these foresaw the original 2 Live Crew verdict. First of all, a number of legal articles discussed the problems associated with the labeling of records (see Block 1990:826-829; Butler 1991:379; Goodchild 1986:166-171; Kaufman 1986:238). The problems that are suggested with the labeling system include: the increased administrative costs and burdens involved with administering and policing of the system; the possibility of reduced album sales due to decreased air play and/or unavailability of records in the stores; the increased incentive for bootlegging; the possibility that children wil...
