in the case of the PMRCs proposals. Given the general condemnatory atmosphere and the marital affiliation of PMRC affiliates with high-ranking Senators, it is argued that the Senate debates were not neutral and actually constituted an impermissible influence of the state in the final (officially private) agreement between the RIAA, the NPTA and the PMRC (see testimony by Zappa; Lazarus 1987:434-435). Private and state action have actually been able to merge precisely because the issue was transferred over into the private hands of the politically associated PMRC. The Senate Hearing controversy reveals how government can make suggestions to private industry and ask them for "voluntary" restraint, only to sidestep the constitution ("congress shall pass no laws...") and thus in effect enforce regulation (Berry and Wolin 1986:608-615; Goodchild 1986:174-176). Finally, the labeling of records poses serious First Amendment issues because of the "chilling effect" the system may have. It is claimed that even when labeling itself is not considered an abridgement of First Amendment rights, it could eventually lead to legislation as the result of a "net-widening" effect (Berry and Wolin 1986:619; Goodchild 1986:176). Directly or indirectly, the PMRCs proposed labeling is thereby running afoul of the First Amendment and engages in de facto censorship (Roldan 1987:247-252). Several legal discussions following the Senate Hearing have focused on the possibilities of legislation on popular music. In light of the previously mentioned court cases that have in effect dealt with issues of incitement and obscenity with regard to popular music, it is striking to note that these articles, published before the cases took place, often considered incitement and obscenity but always concluded that there are solid legal grounds to conclude that such issues could never stand up in a court of law (see Berry and Wolin 1986: 597-615; Kaufman 1986:237-239; Lazarus 198...
