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- LAW, Page 65Did the Music Say "Do It"?
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- A trial tests whether a rock LP subliminally prompted suicides
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- Raymond Belknap, 18, was excited about the Christmas present
- he was giving his best friend, James Vance, 20: a heavy-metal
- rock record by the British band Judas Priest. For five hours
- the young men listened to the raucous, apocalyptic throb of the
- music while they smoked marijuana and split a dozen beers.
- Violent fantasies were nothing new to either of them. Vance had
- choked his mother on one occasion and hit her with a hammer on
- another; Belknap had stolen money and a van and exposed himself
- to women; both talked of leaving their hometown of Sparks, Nev.
- (pop. 41,000), to become mercenaries. This time, however, the
- youths hit a new low. They grabbed a shotgun and hurried to a
- nearby church playground, where Belknap tucked the barrels
- under his chin and blew his head away. Vance imitated his friend
- but survived, literally defaced. Three years later, he
- apparently overdosed on drugs prescribed because of the injury
- and died.
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- Just after the gruesome 1985 shooting, Vance used hand
- gestures to tell the police that he mutilated himself because
- "life sucks." Yet within a couple of months he started making
- a claim he persisted in for the rest of his days: that he and
- his friend were driven by the lyrics of Judas Priest. "All of
- a sudden," he said, "we got a suicide message, and we got tired
- of life." Last week his family and Belknap's mother brought
- that eerie charge to trial in Reno. Four of the five members
- of Judas Priest, who perform in metal mesh and studded leather,
- sat at the defendants' table dressed in business suits and
- heard themselves accused of murderous "mind control." Said
- guitarist Glenn Tipton in an interview: "We were shocked.
- Nothing in the album says, `Go do this, go do that.'"
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- The case does not involve the overt messages of the songs,
- which state judge Jerry Carr Whitehead has ruled are protected
- by the First Amendment. At issue, instead, is the alleged use
- by the band and its corporate producer, CBS Records, of
- secretly encoded subliminal messages that are received only by
- the unconscious mind. Visual subliminal images -- for example,
- flashing the word buy at speeds too great to be observed by the
- conscious mind -- have been tested in video advertising for
- decades, although researchers debate whether they have any
- proven persuasive effect. The notion that auditory images of
- this type could shape listeners' behavior is even more in
- dispute. But Whitehead has held that if such messages were
- employed -- which the band and CBS deny -- they could not
- qualify for First Amendment protection because they do not
- openly exchange information. Instead, the judge reasoned, they
- reach a listener without his knowledge and invade his privacy.
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- Few media professionals believe that subliminal messages are
- widely used in popular entertainment, but many religious
- Fundamentalists contend that they are common and that they
- exert an almost hypnotic power. This theory was popularized by
- author Wilson Bryan Key, a witness for the two families. In the
- case of the Judas Priest album Stained Class, Key claims to
- find the repeated injunction "Do it," which he interprets as
- encouraging suicide. Attorneys for the plaintiffs also maintain
- that satanic incantations are revealed when the music is played
- backward. Testifying last week, Vance's mother, a born-again
- Christian, described how her son threw away rock records after
- attending a Christian camp in 1983, only to revert to former
- habits. "He couldn't do both at the same time," she said. "He
- was either true to the God of our church, or he was true to the
- god Judas Priest."
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- The band and CBS reject the idea of settling out of court,
- contending that free expression is at stake. Says their
- attorney, Suellen Fulstone: "The subliminal argument has no
- basis in fact. It is simply a vehicle to pursue a case
- otherwise marred by the First Amendment."
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- By William A. Henry III. Reported by Erik Pappa/Reno.
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