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Untitled

That's Obscene

Published July 22, 1990 in North Shore Sunday.

What is obscenity?  There are people who will tell you that obscenity is impossible to define, but they know it when they see it.  Not the kind of answer you would want your reputation to depend upon, is it.

The legal community, if it expects to get away with throwing people in jail for violating obscenity laws, has to be a little less vague, so it applies the high legal principle known as the duck test (if something waddles like a duck and quacks like a duck, it's a duck).  With obscenity, the duck test goes like this – if something is totally lacking in social value, appeals to our basest instincts, and violates common standards of decency, it's obscene.  Could be, but it also could be describing a lot of politicians I know.

It was on this shaky legal principle that a federal judge recently ordered the arrest of a Florida record store owner for selling an album that had been deemed obscene.  The album, called As Nasty As They Wanna Be, is by the Rap group 2 Live Crew.  Truth is, I've never listened to the album and I don't intend to.  I haven't had much use for popular music ever since the dark days of Disco, when the Bee Gees sang in those irritatingly shrill falsetto voices about ah...ah...ah...ah...stayin' aliiiive, sounding like they recorded the song while hopping in pain on the hot sand of Revere Beach.  So whether 2 Live Crew's album is obscene or not, I can't tell you.  But the point is, neither can anybody else.

Obscenity, like beauty, is in the eye (or, in this case, ear) of the beholder.  About the only charge anybody could reasonably make against 2 Live Crew and the record store owner is bad taste.  And if bad taste were a crime, then any overweight, Spandex-wrapped jogger who ever quivered and rolled down Main Street looking like a waterbed during an earthquake, and any American who keeps Roseanne at the top of the charts, and any public official who would extend most-favored-nation status for the Chinese less than a year after Tiananmen Square – could easily end up in the slammer.

But the judge claimed that 2 Live Crew goes beyond mere tastelessness, and it does sound like As Nasty As They Wanna Be transcends the accepted level of stick-that-in-your-ear-you- middle-class-pigs shock effect.  Nevertheless, if adults want to indulge in that kind of entertainment, that's their business.  If adults complain that their children are indulging in such entertainment, that's the parents' problem, not the government's.  People shouldn't expect the government to legislate morality for their children – much less want it to.

One of the problems with censorship is that it often has undesirable results.  For example:

  • It makes performers like 2 Live Crew more popular than ever.

  • It hangs a criminal record on somebody who probably wouldn't otherwise have one.

  • It adds ammunition to young people's belief that adults are just a bunch of hypocrites, which drives them to look for role models among people like – guess who, Rap and Rock stars.

It's hard to imagine that the sex and violence in As Nasty As They Wanna Be can be any worse for kids than their nightly overdose of prime-time TV.  By the time kids are out of high school, how many bloody acts of murder and mutilation have they witnessed?  How many times have they been fed idealized sexual images designed to keep them tuned in and turned on to advertisers' products?  Rap might be more shocking and explicit, but I doubt it can be any more powerful than so-called free TV.

Still, most people will probably agree that popular music in general has resorted to greater degrees of sex and lurid sensationalism over the years.  More and more, it seems, anything goes – and when Cole Porter wrote that, there wasn't even any such thing as MTV, much less 2 Live Crew.  But Porter was talking about the times, not about music.  Music, like any art, is a mirror of its times.  And if the lyrics of music like 2 Live Crew's are getting so obscene that they can't be printed in a newspaper, isn't it about time that we stopped killing the messenger and started getting the message?