l be lured into buying obscene records precisely because they are labeled; the unfairness of the system since only one small group of people would decide what is acceptable for the entire nation; the fact that labeling is not content-neutral; and the deterrent effect for store owners to carry the labeled records, which violates the Constitution as an impermissible prior restraint. In addition, the labeling of records, as compared to the movie industrys rating system, is considered practically unfeasible because of the enormous amount of records being released every year, the ambiguous nature of music lyrics, and because it is unclear whether entire albums should be rated or only separate songs on each album, and whether videos should receive a separate rating from the song on the album (Kaufman 1986:245-247; Roldan 1987:242-247; Scheidemantel 1985-1986:505-507). Furthermore, the regulation of music through labeling was deemed ineffective to protect children from exposure to explicit lyrics because anybody would still be free to buy the labeled record anyway (Berry and Wolin 1986:615; Kaufman 1986:237). It was also claimed that the PMRC, which sought to control records on radio and TV, was not allowed to regulate broadcasting since only the FCC can determine regulations on licensees (Kaufman 1986:242). Moreover, some legal scholars assert that the PMRC proposed voluntary labeling as a form of private action precisely to allow for a form of control which state or Federal authorities could never justify. The proposal for "voluntary" restraint actually amounts to an abuse of private power that foregoes the restrictions of state and Federal action (Goodchild 1986:160-171; Scheidemantel 1985-1986:494-504). McDonald (1988a:309) even states that the RIAA agreed to the voluntary label only because of a threat of legal action by the PMRC. Other legal scholars have even gone further in asserting the effective ties between private and public action...
