breadth of any regulation of music, therefore, would constitute censorship (Kaufman 1986:262). In sum, legal scholars after the Senate Hearing, but before the Ward and Skywalker cases, explicitly recognized that music was a form of protected speech, and that any form of regulation, including the labeling of records, interferes with the individuals right to choose. While acknowledging that music can influence behavior, that it affects young people in particular, that the style of music and performers has changed, and that some parents are genuinely concerned, the labeling of records signifies a deprivation for all because of the concerns of a few. While at the time of this debate music was not yet considered protected speech by the Supreme Court, all legal commentators agreed that music, as a medium for the expression of ideas, should be constitutionally protected. 2. Loudness and Incitement As mentioned before, the most important consequence of Ward v. Rock Against Racism (1989) was the fact that the Supreme Court had explicitly ruled that music is protected speech under the First Amendment, at the same time stating that this does not imply that all musical speech is fully protected. Numerous cases involve regulation of free speech and the Courts decision on the New York guidelines precisely concerned such regulation, specifically the time, place and manner restrictions under the OBrien test. Very few legal scholars have commented on the Ward case. The fact that the Supreme Court had explicitly ruled that music is protected by the First Amendment did not lead to much discussion, simply because nobody had expected otherwise. However, the noise restrictions that the Supreme Court ruled constitutionally valid did arouse some discussions (Irwin 1989; Sorondo 1990). It is argued that while the Courts ruling rightly assessed the content-neutrality of the New York guidelines, the narrow tailoring requirement is more problematic since the Court...
