Censorship and Music: Part 1

Summary

Ongoing History of New Music: Censorship and Music - Part 1

Podcast Title: Ongoing History of New Music
Host: Alan Cross
Episode: Censorship and Music: Part 1
Release Date: July 23, 2025
Produced By: Curiouscast

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Introduction

In the premiere episode of the two-part series on music censorship, Alan Cross delves deep into the multifaceted world of musical suppression. Exploring historical precedents, governmental influences, and corporate interventions, this episode provides a comprehensive overview of why certain songs, bands, and musical styles face censorship. Through engaging narratives and insightful analysis, listeners gain a nuanced understanding of the forces shaping the music industry's landscape.

Historical Overview of Music Censorship

The Devil's Interval: Ancient Beginnings

Alan Cross opens the discussion by tracing the roots of music censorship back to nearly 1700 years ago. He explains how the Young Christian Church deemed the augmented fourth—a tritone interval—as diabolical, believing its dissonant sound was akin to Satan's composition. This led to the Church banning musicians who employed these "evil" chords.

“[...] if Blur were around in 350 AD, Damon Albarn would have no doubt been burned at the stake for writing this song. All because of those few opening chords.” – Alan Cross [04:30]

This early example underscores how musical elements can become targets of moral and religious scrutiny, setting a precedent for future censorship efforts.

Early 20th Century: Racial and Political Suppression

Cross highlights the early 20th century as a pivotal era for music censorship, emphasizing how racial biases played a significant role:

• Radio Discrimination: Numerous radio stations prohibited records by black artists, labeling the music as "subversive."
• Nazi Oppression: The Nazis attempted to eradicate jazz and R&B, deeming them incompatible with the "European concept of music." The 1938 document, Conditions Governing the Grant of Licenses for Dance Music, explicitly targeted African-influenced genres.

“These people were freaks.” – Alan Cross [05:45]

Such actions illustrate how authoritarian regimes leverage cultural gatekeeping to enforce ideological conformity.

The 1938 Top Hatters Case

In 1938, the Top Hatters, a North American government band led by Russian émigré John Savita, released "WPA (Works Progress Administration)." The U.S. Government, suspecting Communist propaganda, banned the song to prevent inciting worker strikes.

“WPA was banned...because it was deemed to incite American workers to strike.” – Alan Cross [06:30]

This case exemplifies how political tensions and fears of subversion can lead to the suppression of artistic expression.

BBC's Censorship Practices

Sexual Content and Explicit Lyrics

The British Broadcasting Corporation (BBC) has long maintained strict criteria for banning songs:

• Sexual Connotations: Songs with explicit sexual themes are often prohibited.
• Political Content: Music with political messages, especially those critical of government or royal institutions, faces intense scrutiny.
• Morbid and Profane Themes: Morbid content, swearing, and even mentions of consumer brands can lead to bans.

“Songs with sexual connotations are in trouble immediately... If it contains swearing, it's up for review.” – Alan Cross [08:15]

Case Study: Frankie Goes to Hollywood's "Relax"

In January 1984, the BBC banned Frankie Goes to Hollywood's "Relax" due to its perceived homoerotic undertones. Despite the ban, the song soared to number one in the UK, demonstrating how censorship can inadvertently amplify a song's popularity.

“One week later, 'Relax' was the number one song in the UK.” – Alan Cross [09:10]

The Sex Pistols' "God Save the Queen"

Another notable example is the Sex Pistols' "God Save the Queen," banned during the Silver Jubilee of Queen Elizabeth II. The ban, coupled with limited distribution, propelled the single to legendary status.

“Single sold 150,000 copies in just five days, and the Sex Pistols became a legend.” – Alan Cross [10:20]

Wartime Sensitivities

During periods of conflict, such as the Falklands War and the Gulf War, the BBC heightened its censorship efforts to prevent anti-war sentiments from influencing public opinion.

“The BBC is not alone when it comes to being sensitive about music.” – Alan Cross [10:56]

PMRC and Parental Advisory

Rise of the Parents Music Resource Center (PMRC)

In 1985, Tipper Gore and other Washington wives founded the PMRC, aiming to introduce parental advisory ratings for music albums based on explicit content. Their efforts led to widespread implementation of advisory stickers, significantly impacting the music industry's distribution and marketing strategies.

“Now, this created a huge problem... some stores stopped selling stickered albums to people under 18.” – Alan Cross [13:30]

Impact on Record Labels and Retailers

The PMRC's influence forced record labels to produce clean versions of albums to ensure marketability, particularly in major retail chains like Walmart. This led to alterations in album artwork and lyrical adjustments to comply with retail standards.

“Sheryl Crow saw her self-titled 1996 album totally banned by Walmart because one song contained lyrics criticizing the chain's policy towards selling guns.” – Alan Cross [16:05]

Case Study: The Dead Kennedys Trial

Arrest and Charges

In 1986, the Dead Kennedys, a hardcore punk band from San Francisco led by Jello Biafra, faced severe legal challenges when their album Frankenkraust was deemed to contain "harmful matter." This resulted in the arrest of five individuals connected to the album's distribution and production.

“We were all charged by the Los Angeles City Attorney's office with one count each of distributing harmful matter to minors.” – Jello Biafra [25:35]

Court Proceedings

The trial showcased intense legal maneuvering, with the defense targeting the prosecution's evidence and motivations. Despite dropping several charges, the remaining accusations threatened the band's survival.

“The trial ended with the jury deadlocked 7 to 5 in favor of acquittal. The judge dismissed a motion for a retrial and all the charges were dropped.” – Alan Cross [33:34]

Aftermath and Industry Impact

Although the trial concluded without convictions, it effectively bankrupted the Dead Kennedys and set a precedent for future censorship laws targeting the music industry. The case underscored the precarious balance between artistic freedom and societal norms.

Corporate Censorship: Walmart's Dominance

Influence on Album Distribution

As the world's largest retailer, Walmart wields significant power over which albums reach the consumer. Their stringent policies led to the banning of numerous influential albums, compelling artists to alter their work for broader distribution.

“Walmart is the world's largest department store chain and they sell millions upon millions of CDs every year.” – Alan Cross [20:30]

Notable Bans and Their Consequences

• Prodigy's "Fat of the Land": Pulled after initial success due to lyrical content deemed inappropriate.
• White Zombie and Beck: Forced to release special editions with altered artwork.
• Sheryl Crow: Faced significant financial loss when Walmart refused to stock her album over anti-gun sale lyrics.

“Sheryl Crow saw her self-titled 1996 album totally banned by Walmart because one song contained lyrics criticizing the chain's policy towards selling guns.” – Alan Cross [16:05]

Conclusion and Forward Look

Alan Cross concludes the episode by highlighting that while this discussion covers significant ground, the topic of music censorship is vast and ongoing. The next episode promises to explore further instances of censorship, including the struggles of bands like The Smiths, The Cure, XTC, and Marilyn Manson.

“We have to talk about the problems encountered by The Smiths and The Cure and XTC and of course, Marilyn Manson.” – Alan Cross [34:50]

Listeners are encouraged to explore additional resources and episodes available in the Ongoing History of New Music Vault, accessible through various podcast platforms.

Notable Quotes

• Alan Cross: “These people were freaks.” [05:45]
• Alan Cross: “Songs with sexual connotations are in trouble immediately... If it contains swearing, it's up for review.” [08:15]
• Jello Biafra: “We knew we had to fight.” [25:40]

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Additional Resources

For those interested in delving deeper into the intersection of music and censorship, the next episode in this series will provide further insights and case studies. Additionally, Alan Cross invites listeners to explore related content such as the "Crime and Mayhem in the Music Industry" podcast for more intriguing narratives.

Connect with Alan Cross:

• Website: alanlancross.ca
• Email: [e-mail]

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Note: This summary is based on the transcript provided and does not include advertisements, intros, outros, or non-content sections as per the request.

Transcript

[Alan Cross]

Hey, it's Alan and I just wanted to let you know that you can now listen to the ongoing history of new music. Early and ad free on Amazon Music included with prime on WhatsApp. No one can see or hear your personal messages. Whether it's a voice call message or sending a password to WhatsApp, it's all just this. So whether you're sharing the streaming password in the family chat, trading those late night voice messages that could basically become a podcast, your personal messages stay between you, your friends and your family. No one else, not even us. WhatsApp message privately with everyone. This episode is brought to you by ebay. We all have that piece, the one that's so you. You've basically become known for it.

[Jordan Bonaparte]

And if you don't yet, fashionistas, you'll.

[Alan Cross]

Find it on ebay. That Miu Miu red leather bomber, the cousteau Barcelona cowboy top. Or that Patagonia fleece in the 2017 colorway. All these finds are all on ebay, along with millions of more main character pieces backed by authenticity guaranteed. Ebay is the place for pre loved and vintage fashion eBay, things people love. For the next couple of podcasts, we're going to go back into the ongoing history of new Music Vault. With over a thousand original radio episodes and several hundred of them as podcasts, there are some episodes that still haven't seen the light of day. For this one, it's the first of a two part look at censorship in music. Why do certain songs or bands or styles of music get censored? Who makes these decisions and why? And what can musicians do about it? Even though this show is from the earlier part of the ongoing history library, it's still very relevant. We thought you'd like to have a listen. This is Censorship in Music, Part one. Good evening. The following documentary is on the subject of censorship in music. Featured performers will include Marilyn Madison, Rob Z. And the Prodigy. Well, sorry about that. My mistake. Stay awake, will you? Because of the f ing graphic nature of this program, you may wish to usher young children out of the room. Alternatively, young people may want to turn the radio down slightly so the adults in the house don't hear them if they can't take it. Are we ready? Yep. Let's go. A let's roll. This is the ongoing History of New Music podcast with Alan Cross. Hello, I'm Alan Cross. This is a program that deals with musical censorship through the years. Naturally, there will be a special focus on the situation with new rock and alternative music. But first, though, a little Background. If we're going to do this right, we should go back to the very beginning. Almost 1700 years ago, somewhere around 350 A.D. the Young Christian church was faced with a crisis. A new corrupting force had appeared amongst the faithful. Today we call it the augmented fourth, a type of musical interval known as the tritone. To Church fathers, this chord was evil, diabolical, something so hideous that it sounded like something Satan himself may compose. Therefore, human musicians who used this chord were obviously in league with the Devil. Who else could inspire men to write music so warped? Therefore, the augmented fourth, the so called devil's interval, was banned by the Church, and thus humankind entered the age of musical censorship. Had those same bishops been around in the 60s, they would have no doubt been terrified to hear Jimi Hendrix play those dreaded chords. And had Blur been around in 350 AD Damon Albarn would have no doubt been burned at the stake for writing this song. All because of those few opening chords. More than 1700 years after the Church got into the business of censorship, people are still trying to ban certain types of music. Musical censorship has come in a variety of flavors. Banning certain types of music and specific songs has always been the passionate pursuit of many people over the years. In the early part of the 20th century, many radio stations prohibited the playing of records by black artists, calling this music subversive. Then the Nazis tried to wipe out jazz and R and b music. In 1938, they issued a document called Conditions Governing the Grant of Licenses for Dance Music. Listen to this. These people were freaks. The following regulations are intended to indicate the revival of the European spirit of music played in this country for dances and amusements by freeing the latter from the elements of that primitive Negroid music which may be justly regarded as being in flagrant conflict with the European concept of music. This document goes on to prohibit certain types of improvisation and certain types of bass lines. It even decreed how hard one could blow into a brass instrument. And all drum solos were banned. Okay, that's not necessarily a bad thing. Anyway. The first government band of a record in North America also seems to have occurred in 1938. This is when a band named the Top Hatters, led by a Russian emigre named John Savita, issued a song called wpa, which stood for Works Progress Administration. The US Government was concerned about Savitt's Communist ties and believed that the song was designed to incite American workers to strike. The song was therefore banned. Or how about this? In February 1954, Michigan Congresswoman Ruth Thompson introduced a bill that would make sending any pornographic recording through the mail punishable by a $5,000 fine and five years in jail. Speaking of governments, the BBC, as a public broadcaster and thus with close ties to the British Parliament, has a reputation of being quick to ban certain songs. The first time this happened might have been in 1950, when a George Gershwin song called oh, Please Do It Again was banned because they determined it to be too sexually explicit. We'll come back to the BBC later. One of the goofiest examples of attempted government censorship in rock and roll involved the 1963 single by a group from Portland, Oregon called the Kingsman. The Kingsman covered this song because it was easy to play. They recorded it for a grand total of 50 bucks and issued it on a 7 inch single. As soon as it was released, rumors started to fly. The song contained dirty lyrics. Parents who heard the song became convinced that the slurred vocals contained tales of filth and perversion. Although they admit they couldn't quite make out what the guy was saying. Various authorities became involved. The governor of Indiana declared the song pornographic and said his ears tingled the first time he heard it. The U.S. federal Communications Commission was asked to investigate. Even the U.S. congress got involved. They assigned the FBI's best code breakers to the case and they played the songs at different speeds, backwards and forwards and through filters and spectrum analyzers for six solid months. Their conclusion? The Kingsman's version of Louie Louie was undecipherable at any speed and therefore not pornographic. Case closed. By the way, there's a reason no one can make out the words in Louie Louie. It was recorded using a single overhead microphone and the singer had to tilt his head all the way back and sing more or less straight up. So try doing that while keeping your enunciation good. And to make it even more difficult, he was wearing a big clunky set of braces on his teeth. No wonder no one knew what he was singing. Alright, back to the BBC. They have a number of criteria under which a song may be banned from BBC programs. Songs with sexual connotations are in trouble immediately. Songs with certain political views are scrutinized very, very carefully. If a song is judged to be particularly morbid, it's out of there. If it contains swearing, it's up for review. And if a song contains the brand name of a consumer product in the lyrics, it might be yanked. Let's look at a couple of examples, starting with a song that was banned on the grounds that it was sexually explicit. In January 1984, the producer of a BBC radio program came home to find his kids watching and rewatching the video for Relax from Frankie Goes to Hollywood. Even though he had heard Relax several times, he suddenly clued into the song's homoerotic undertones. Well, the next day, this would be January 11, 1984, he went into work and told his boss, DJ Mike Reed, about what he had discovered. Reed suddenly saw the light too, and immediately went on the air, branding Relax as obscene and announced that he would never, ever, ever play the song again. The following day, a memo went out to all employees of the BBC affirming that Relax was not to be played again. So what happened? One week later, Relax was the number one song in the uk. Songs of a political nature make the BBC very nervous. Any song that refers to the Irish Republican army or the troubles in Northern Ireland are immediately banned. Songs that insult the position of the Prime Minister also stand an excellent chance of being banned. And if you ever insult the Royal family, you're definitely not going to get your song on the BBC. Of course, an official ban is often the best thing that can happen to you. Just ask the Sex Pistols. When they released God Save the Queen on the eve of Queen Elizabeth's Silver Jubilee, they created quite the stir. The BBC banned it, most of the big record stores refused to carry it, and even the official charts wouldn't even print the name Sex Pistols. So what Happened? Single sold 150,000 copies in just five days, and the Sex Pistols became a legend. Thank you, BBC.

[Jordan Bonaparte]

God Save the Queen, she Ain't no.

[Alan Cross]

Human Being.

[Jordan Bonaparte]

There Is no Future, and England's stringent.

[Alan Cross]

The BBC has a reputation of being particularly sensitive during times of war. Take the Falklands War in 1980, for example. It was pretty silly, actually. Britain and Argentina fighting over a bunch of rocks and sheep in the South Atlantic. But the ever sensitive BBC was on guard, making sure that songs critical of the war and the government were not gracing the airwaves. So what songs were considered to be too provocative for this crucial time in the history of the Empire? Well, this one from Split Ends, which has nothing to do with a war, a navy, Argentina, or even sheep. A decade later, during the Gulf War, the BBC once again leapt into action. The population was protected from hearing rabble rousing songs like Everybody Wants to Rule the World from Tears for Fears. The BBC is not alone when it comes to being sensitive about music. When we come back, we'll look at a couple of other instances where music has been altered before it gets aired, and we'll have a visit with something called the PMRC. This podcast is sponsored by BetterHelp. Feeling lost? Stressed out? Anxious? Welcome to the club. The 24 hour news cycle and doom scrolling and the constant bombardment of information from all directions affect all of us. Yet we're expected to hold it all together. Something that's easier said than done. Men have this thing too, that we're supposed to be strong and steady performers and providers. And you know what a lot of us do? We just push it down into that black ball inside of us because, well, that's what guys do. We're tough, right? But that leads to depression and burnout and other, shall we say, unhealthy activities as we try to cope. Here's the truth. It's okay to admit that you're struggling and that you need someone to talk to. Doing something about your mental health takes strength. And once you begin to open up and admit all the burdens that you're carrying around, you can work on being the best you can be for yourself, your loved ones, and everyone around you. Now, trust me on this. Once you start talking about the things stuffed into your black ball, the whole universe begins to open up. BetterHelp is there for you. With more than 35,000 therapists available, BetterHelp is the largest online therapy platform. It has an App store rating of 4.9 out of 5 based on 1.7 million reviews from clients all over the world. It's so easy and convenient, too. An online session starts with the click of a button at any time of day or night so you can fit therapy into your busy schedule. Learn how to set boundaries, deal with anxiety, and learn positive coping skills. And you can switch therapists anytime. There should never be any stigma around mental health. You take care of your physical health, right? So why should your mental health be any different? As the largest online therapy provider in the world, BetterHelp can provide access to mental health professionals with a diverse variety of experience. Guys, talk it out with BetterHelp. Visit betterhelp.com ongoing today and get 10% off your first month. That's BetterHelp. H-E-L-P.com ongoing. The summer is heating up with Marvel Studios the Fantastic Four. Light em up, Johnny. This Friday. Time to save the planet. What's the plan?

[Jordan Bonaparte]

Trust me, I hate that.

[Alan Cross]

Bad plan.

[Jordan Bonaparte]

Come on.

[Alan Cross]

Terrible. That's a stupid plan. Prepare for fantastic.

[Jordan Bonaparte]

We will face this together as a family.

[Alan Cross]

Marvel Studios the Fantastic Four First Steps only in theaters Friday. Some material may be inappropriate for children under 13. Get tickets now. This episode is brought to you by LifeLock. Between two factor authentication, strong passwords, and a VPN, you try to be in control of how your info is protected. But many other places also have it, and they might not be as careful. That's why LifeLock monitors hundreds of millions of data points a second for threats. If your identity is stolen, they'll fix it, guaranteed or your money back. Save up to 40% your first year. Visit lifelock.com podcast for 40% off terms apply. Despite all their First Amendment rumblings, the US government is very involved in putting restrictions on rock and roll. In 1985, Tipper Gore, the wife of now US Vice President Al Gore, started a crusade with some other Washington wives. They called their group the Parents Music Resource center, the pmrc. Their aim was to get record labels to monitor and rate the albums they released, much like movie studios are required to rate their films. They wanted music rated on the basis of explicit lyrics regarding drugs, sex, violence or other objectionable material. And to a large extent, the PMRC was successful. This is why we now see rating stickers on some albums. Now, this created a huge problem. First of all, many large record stores stopped selling stickered albums to people under 18 because they were worried that they would be slapped with a selling obscene material to a minor charge. Certain types of music, especially rap and heavy metal, started disappearing entirely from some stores. Those stores who didn't toe the line were sometimes charged. For example, the COVID of the Ritual Ditlo habitual album from Jane's Addiction created a big stink. This cover was a Perry Farrell creation, and it was a sculpture featuring three nude bodies embracing. One is Perry, the other is his girlfriend Casey, and the third is an old friend named Ziola Blue. It's the same sculpture, by the way, that Perry had hanging on his apartment wall. Of course, it really bugged his landlady. In fact, she was so offended by the sculpture that she evicted him anyway. It also offended the executives at Warner Brothers. They wanted to airbrush out the naughty bits, but Perry refused, and the label had no choice but to go ahead and release the album. But then a record store in Michigan was charged with obscenity. The crime? Displaying a poster for the album in the window. Then there was another incident. And another, and another. Eventually it got to the point where a lot of stores, including some of the really big chains like Walmart, were refusing to stock it. This is when a compromise was worked out. Warner Bros. Would continue to issue the album with the original artwork, but they would also release a version featuring a plain white cover featuring nothing more than a parental advisory sticker. And Article one of the Bill of Rights, a section dealing with free speech. I walked right through the door.

[Jordan Bonaparte]

Hey.

[Alan Cross]

All right, forget bye.

[Jordan Bonaparte]

It'S mine.

[Alan Cross]

Broadcasters are often put into a no win position when it comes to certain songs. They want to preserve the integrity of the artist, but at the same time, they have to consider the concerns of the majority of the audience. Things like explicit language, references to guns, references to illegal drugs or violence or sex give owners of radio stations and video channels fits. And in this age of political correctness, you'd be surprised how sensitive people are and how vocal these people can be. This is why everyone from radio stations to MuchMusic to MTV have guidelines in place regarding musical content. This is not necessarily censorship. It's more of a response to the wishes of the majority of the audience. Take a song like Creep from Radiohead. Great song, wonderful band. However, the F word is prominently featured in the chorus. Many people are very offended by the use of this word and object strenuously to hearing it on the radio. Now, this creates all kinds of philosophical and ethical and commercial problems. Number one, nobody likes to mess with art. Radiohead uses the F word in the chorus because they believe that's the right word. It's the word that properly conveys the emotion of the singer. So why should anyone have the right to change what Thom York is singing? If you do mess with the song, you are inevitably going to make many fans very, very angry. Number two, however, if you play the song as is, you will find that you will offend a great number of people. Parents especially get all freaked out when they're driving in the car with some young kids and a song with the F word comes on the radio. So what do they do? Well, they change the station or they shut the radio off completely. And point three, playing songs with strong language limits the chances of your radio station being played in public places like stores and offices. Now, artists themselves realize the limitations created by using explicit language. If they want to be heard on the radio, or if they want to be seen on video channels, they may have to make a few compromises. It's either that or not have anyone hear their song at all. This is where special versions of these songs come into play. For example, MTV will not show your video if the lyrics of your song contain any references to drugs or guns. This is why record labels will often provide a special version of the video with the offending passages removed. The same thing happens with radio. If the artist expects to have their song played during the day. You know when offices and stores are open and when young kids are listening, you have to endure a few lyrical changes or edits. Such was the case with Radiohead. Creep was obviously a huge hit, except for that problem with the chorus. So what did the band do? Well, they re recorded the chorus substituting the word very and the song established. Radiohead is a very important new group. So was this a form of censorship? Yes, but it's also just good business and also good for the long term growth of Radiohead's career. But I'm a Creep. The whole controversy about playing songs with explicit language is very inconsistent. Some songs get nailed and generate complaints, while others don't even register and thus receive airplay unaltered. Go figure. It's the market that decides. Meanwhile, the crtc, the Canadian broadcast regulator, generally stays out of the whole lyrical content controversy. They more or less believe that the market will decide what's acceptable and what's not. Some record stores engage in a type of censorship that's similar to changing or deleting lyrics from songs. And the most famous example is probably Walmart. Walmart is the world's largest department store chain and they sell millions upon millions of CDs every year. In other words, they have lots of influence with the music industry. Record labels know that if they expect Walmart to stock certain albums, then these albums have to live up to Walmart's very strict family values image. We've already mentioned the problems Jane's Addiction endured. But Beck, Nirvana and White Zombie have also had to issue special Walmart editions with changes to the artwork because the original covers were deemed unacceptable. Sheryl Crow saw her self titled 1996 album Totally Banned by Walmart because one song contained lyrics criticizing the chain's policy towards selling guns. That band cost Cheryl probably close to 400,000 unsold albums in December 1997. This is another good one. Walmart suddenly pulled the Prodigy's Fat of the Land album from all the stores. Why? After stocking the CD for six months and after selling 150,000 copies, they suddenly decided that this song was wrong for Walmart shoppers. Chazma Picture Smash.

[Jordan Bonaparte]

Smack My Pizza. Change my picture. Smack My Pizza.

[Alan Cross]

When we come back, we'll look at one of the ugliest and one of the most expensive censorship events in the history of new rock and alternative music. The Trial of the Dead Kennedys is next. Right now at the Home Depot, you'll find storage solutions made to fit your needs. Grab an HDX tough tote to protect your tools or keep your sports equipment contained with reinforced snap fit lids or stack up and make better use of your space with bins and totes built to last. Whatever your story, we've got the gear to keep it organized and protected at the Home Depot. How Doers get more done this episode is brought to you by Avid Reader Press. Legendary investor Ray Dalio's new book, How Countries Go the Big Cycle, explains the mechanics behind big debt crises. Larry Summer says Dalio's brilliant, iconoclastic approach is an invaluable resource. And Hank Paulson says it provides a solution to what is the biggest and most certain threat to our prosperity. Read it to understand the greatest economic issue of our time available now wherever books are sold. In the 70s, four young women were found dead. For nearly 50 years, their cases went cold. I'm Nancy Hickst, a senior crime reporter for Global News. In the season finale of Crime Beat, I share how investigators uncovered shocking evidence of a serial killer and hear exclusive interviews with the killer's family.

[Jordan Bonaparte]

Listen to the full season of Crime.

[Alan Cross]

Beat early and ad free on Amazon Music by asking Alexa to play the podcast crime beat. In 1986, California was the site of a major legal battle involving music and censorship. At the center of the storm was a hardcore punk band from San Francisco called the dead Kennedys. The DKs were led by a guy named Eric Boucher, who is better known as Jello Biafra. I'll let him tell the story.

[Jordan Bonaparte]

April 15, 1986. Tax Day. And what a tax day it was. I was up in the attic part of this flat I used to rent. I used to go up the stairs and sleep up there and everything. And I heard this tromping up the stairs. Who could that be? Dun dun, dun dun. We're police officers. You are under suspicion of trafficking in harmful matter. Harmful matter? What's that? Nine cops were busy tearing my whole flat to pieces. I felt like it was a DEA drug raid or something, since it wasn't just San Francisco cops who were tearing my house to pieces. Three of the nine cops were from Los Angeles. And I was asking, well, what is this harmful matter? Come on, what is this? So I find out that what it takes nine cops to tear my whole house apart to find the booty. The harmful matter is a record album, Frankenkrist, by my old band, Dead Kennedys. And inside that record album was a painting by Swiss surrealist master H.R. giger. After about two and a half hours, they finally, between the nine of them, they had what they wanted, three copies of the Frankenkraist album three extra Giger posters. My private mail. Two my. Two months later, June 2, 1986, the day before election day, I found out that me and four other people were all charged by the Los Angeles City Attorney's office with one count each of distributing harmful matter to minors. I was charged. Ruth Schwartz for maximum rock and Roll and more damn Records was charged a guy who used to work at Alternative Tentacles and had quit by that time, but he was charged anyway. They charged a guy from Green World Distribution wholesales to stores. They even charged a 67 year old man whose crime against humanity was owning the record pressing plant that stamped out the vinyl and collated the discs. They even charged him. We were looking at a maximum year in jail, $2,000 fine because of what we said with a record album. This is America. We knew we had to fight. We knew we had to fight. When Tipper Gore could barely contain her glee the next day on how oh, this is exactly what we wanted. I'm not a censor, as she said so many times, but these, these people should be thrown in the can because they violated Truth in packaging laws by not putting a Tipper sticker on their record and putting a sticker making fun of Tipper stickers as a warning sticker instead. Real trials take forever. The first week and a half alone was spent arguing over instructions to the jury. So now let's meet the cast of characters for the prosecution, New Right warrior Michael Guarino. Each of the five defendants had to have their own separate criminal lawyer because under American legal etiquette you can't have one lawyer defending two people who each say the other did. It wouldn't work that way. Plus we had a sixth lawyer from the American Civil Liberties Union who was playing watchdog, watching for constitutional issues to be raised on an appeal later if we got convicted. So after about a week and a half of arguing over the jury instructions, the Pori jury wound up receiving about 60 pages of instructions on what an average adult Californian was and what contemporary community standards were and what the prurient interest meant. But it was worth it to argue over every and, and, or, and, but and get real nitpicky in all the language and all those pages. Because as a result we got them tightened up enough that they had to drop charges against the 67 year old man who ran the record pressing plant. Although by that time, for whatever reasons, his health had deteriorated to the point where he was physically unable to attempt attend the trial. A day later charges were also dropped against Steve Boudreau of Green World Distribution, the wholesaler who sold the record to the store. Lot of good that's going to do him now that Green World has gone bankrupt. So then it was time to argue over admissibility of evidence. Well, finally we got enough evidence thrown out that charges were dropped against Ruth Schwartz of Max Maximum Rock and Roll and More Damn Records. The sub distributor sold the record to Green World, but the judge had proven alarmingly tight, wadded toward letting us use any kind of evidence in court that could show this was a politically motivated trial and that there were outside forces at work here. We couldn't use any of the statements Tipper Gore had made about us or any of the TV preachers had said about us being devil worshippers. Or we couldn't use the fact that the LA City Attorney's press release that came out the day before election day described the Giger poster and its objections almost word for word, the same way Susan Baker of the PMRC had described it to Variety magazine a couple months earlier. So Phil started out the day, well, now jury, you're probably wondering what all this fuss is about, right? Jury exasperated Right. Here, have a poster. You can each have a poster and here's a lyric sheet so you can understand why that would be in an album to begin with. You can take it home, you can keep it afterwards. You can even have the record and the COVID at the end of the trial if you would like it. And so then on cross examination of Joan Weinstein, Guarino just went wild. He stormed up armed to the teeth with all these collector books of Giger's art that some people would pay hundreds of dollars to obtain. Open them up. All right. Isn't this painting sick? Isn't this painting obscene? Isn't this painting sick? Don't you think Giger is obsessed with sex with the dead? Isn't this painting sexually explicit? Isn't this sick? Isn't this sick? Don't you think this is sick? Don't you think this is sick? I mean, I saw it. Woo. This guy is obsessed. Poking holes in a beautiful Giger book with that pen of his. Through this whole trial, I had to sit there as a generic defendant in a suit and a tie and a little preppy hairdo, trying to look as innocent as possible, not show any emotion which might give me way to the jury. They were perpendicular to me, so I couldn't really watch them very much without leering at them and coming off like Theodore Bundy or something. Didn't want that to happen. I didn't want them to see the sweat start forming in my suit jacket itself. When they first got their Giger posters, they opened them up and I'm going, oh no, here goes. And they were looking at it, looking at, oh, this is pretty surreal. This is pretty, oh, we have it upside down. Next day we were supposed to have more X, but we figured the jury had tired of expert witnesses by now. Plus, we had a little surprise. Guarino was ready to rip apart more expert witnesses and hopefully get a chance at me. He had a bigger fanzine collection with interviews of me in it than probably I've ever seen anywhere. So Phil stands up. Defense rests. What? What? What?

[Alan Cross]

What?

[Jordan Bonaparte]

What? What?

[Alan Cross]

What?

[Jordan Bonaparte]

What?

[Alan Cross]

What? What, what?

[Jordan Bonaparte]

Joe's looking to send somebody. What, what? What? What?

[Alan Cross]

What?

[Jordan Bonaparte]

He had 10 minutes to prepare his closing argument. Jury went off to deliberate for the rest of that day after we gave him a quick reminder about what the US Constitution was intended for in the first place. And then next day, they came back to deliberate some more.

[Alan Cross]

The trial ended with the jury deadlocked 7 to 5 in favor of acquittal. The judge dismissed a motion for a retrial and all the charges were dropped. The trial, however, effectively bankrupted the band. But in their wake, some powerful anti censorship laws were left behind. Now we've only scratched the surface when it comes to the topic of censorship in music. And this is why we're going to have to pick this up again on the next program. We have to talk about the problems encountered by the Smiths and the Cure and XTC and of course, Marilyn Manson. All that coming up next time. That is part one of our look at Censorship in Music, a show from the ongoing history of new music Vault. Thanks for taking a trip with us into this vault and a reminder again that there are hundreds of ongoing history shows available on demand as podcasts. They're all free and you can download them wherever you get your podcasts. And while you're there, you should also grab a few episodes of Crime and Mayhem in the Music Industry. That's my Music meets True Crime podcast. We actually have a few episodes there that are all about music and censorship too. So look up those ones and let me know what you think. We can connect on most social media networks. I'm always updating my website with music news and [e-mail] that comes with a free newsletter that you should get and you can always email me about anything. I'm available through AlanLancross CA part 2 of this vault show on Censorship in music coming up next time. Technical productions by Rob Johnston. Talk to you next time. I'm Alan Cross.

[Jordan Bonaparte]

I'm Jordan Bonaparte. And this is your invitation to join me for an exploration of Canadian crime mysteries and in the just plain weird on the Nighttime podcast. Over the years, we've dove deep into many of Canada's most unique cases, from the haunting disappearance of Jack and Lily Sullivan in Nova Scotia.

[Alan Cross]

That's something I have to live with.

[Jordan Bonaparte]

Until truth makes its way out.

[Alan Cross]

And the truth always makes its way.

[Jordan Bonaparte]

Out to the bizarre mystery of the unexplained death at a Halifax Walmart. Walmart says a large bakery oven will be removed. And of course, we provide a weekly roundup of Canada's weird news sources.

[Alan Cross]

The psychic said he could make the woman fall madly in love with him. The girl loves you more. It's like that if you give $12,000. Yeah.

[Jordan Bonaparte]

Through interviews with those closest to the case, to deep dive investigations and listener voices, we shine a light where few others take the time to look. So if you're interested in Canadian crime mysteries and the weird, get caught up on everything you missed by subscribing to Nighttime Right now. Wherever you get podcasts.