Music Lyrics Prosecutions
1. Ice-T / Body Count – “Cop Killer” (United States, 1992)
Background:
The song “Cop Killer” by Ice-T’s band Body Count, released on the album Body Count, depicted violence against police officers.
Legal Issues:
Critics argued it constituted incitement to violence and could encourage real-world attacks on law enforcement.
Case Details:
Public outcry, led by police unions and politicians, pressured Warner Bros. to act.
Ice-T defended it as artistic expression and commentary on police brutality.
Outcome:
Warner Bros. voluntarily withdrew the album and replaced the song with another track.
No criminal charges were filed, but there were threats of legislation that could have criminalized the song.
Significance:
This case highlights the tension between freedom of expression under the First Amendment and social concerns over potential incitement.
2. Eminem – “Kim” and Other Lyrics (United States, 2000s)
Background:
Eminem’s lyrics, particularly in songs like Kim and Stan, include graphic depictions of violence and threats toward women and public figures.
Legal Issues:
Accusations of threatening speech, obscenity, and glorifying violence.
Case Details:
Some lawsuits were filed claiming that Eminem incited violence or emotional harm.
Notably, the Alaina Mathers and Nicole Slaughter lawsuits claimed lyrics were targeted threats.
Outcome:
Courts generally upheld his artistic freedom, citing First Amendment protections.
Eminem settled some civil cases out of court, but no criminal convictions occurred.
Significance:
Reinforces U.S. law prioritizing artistic expression even when lyrics depict violence, unless a direct, imminent threat is proven.
3. 2 Live Crew – “As Nasty as They Wanna Be” (United States, 1990)
Background:
2 Live Crew’s album contained explicit sexual lyrics, prompting obscenity charges in Florida.
Legal Issues:
Obscenity laws were invoked; the album was deemed offensive under local statutes.
Case Details:
A Florida prosecutor charged the group and a record store for distributing obscene material.
The initial trial found the album obscene, and arrests were made.
Outcome:
On appeal, the U.S. Court of Appeals overturned the conviction, citing First Amendment protection for music and artistic expression.
Significance:
Landmark case for rap music and explicit lyrics, establishing that music cannot be censored unless it violates narrowly defined obscenity standards.
4. Judas Priest – “Better by You, Better than Me” (United States, 1990)
Background:
The band was sued in connection with the suicide of two young men who allegedly were influenced by subliminal messages in the song.
Legal Issues:
Alleged subliminal messages inciting self-harm.
Case Details:
Plaintiffs claimed backward messages instructed listeners to harm themselves.
Band denied any intent or message.
Outcome:
Court ruled in favor of Judas Priest, finding no causal link between the music and the suicides.
Significance:
Set precedent that music lyrics or alleged subliminal messages are generally protected unless direct incitement can be proven.
5. N.W.A – “F* tha Police” (United States, 1988)**
Background:
N.W.A’s song criticized police brutality and used explicit language against law enforcement.
Legal Issues:
The FBI sent a letter expressing concern that the song could incite violence against officers.
Outcome:
No criminal charges were filed.
The case sparked debate about freedom of speech vs. public safety, particularly for political protest in music.
Significance:
The case reinforced that rap lyrics criticizing institutions are protected, but highlighted social pressure and censorship risks.
6. Marilyn Manson – “The Dope Show” and Controversies (United States, 1990s-2000s)
Background:
Manson faced accusations of inspiring violent acts, including school shootings, due to his controversial lyrics and performances.
Legal Issues:
Alleged influencing minors and promoting violence.
Outcome:
Investigations were conducted, but no criminal liability was established against Manson.
Some concerts were canceled due to public pressure and political action.
Significance:
Demonstrates that alleged influence on third-party violence is not enough for criminal liability; intent must be clear.
Key Observations
U.S. Emphasis on Free Speech:
Most cases in the U.S. result in public outcry or civil lawsuits, rarely criminal convictions, because the First Amendment protects artistic expression.
Obscenity vs. Incitement:
Courts distinguish between obscenity (sexually explicit material) and incitement (directly causing imminent illegal acts).
Public Pressure as a Factor:
Many cases, like Ice-T and Marilyn Manson, were more about social backlash and censorship than legal prosecution.
International Variation:
Some countries, particularly in Europe, have stricter laws on lyrics inciting hate or violence, unlike the U.S., which heavily favors artistic freedom.
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