a degree of protection under First Amendment rights. However, it is unclear when a judicial determination must be sought to decide whether something is protected speech or not. In the 2 Live Crew Case, law enforcement activities had already taken place before the Judges ruling. In sum, the decision of the Court of Appeals to reverse Gonzalez decision did not come as a surprise. It appears that from a legal point of view it is very hard, if not impossible, to ever determine obscenity with regard to a musical recording. Indeed, some scholars argue that any application of the Miller test on music is doomed to fail, and even that the Miller test itself is unconstitutionally vague and overbroad, since so many of its standards are not clear (e.g. "community", "standard", "patently",...) (Beatty 1991:649-655). The 2 Live Crew Defense attorney Rogow concludes that the obscenity of records can and should be discussed, but never in a court of law. IV. POPULAR CULTURE AND THE WEB OF LAW ENFORCEMENT Next to the court proceedings, law enforcement activities have in remarkable fashion entered the censorship controversy. Particularly interesting from a social control perspective are the various ways in which police have managed to control music without any legal basis, and how law enforcement activities have occasionally preceded rather than followed judgments in court and/or the passing of legislation. Strikingly, very little of the literature deals with these issues explicitly. Many of the law review papers I have consulted, for instance, discuss in detail the legal aspects of the musical court cases but only mention law enforcement issues in footnote or in passing. Police activities on music concern unconcerted, sporadic actions by individual law enforcement agencies throughout the US, as well as more harmonious activities as the result of direct police cooperation. The 2 Live Crew case, the Charles Freeman arrest, and the condemnation of the Bod...
