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 That Pesky First Amendment

Eminem

Eminem's controversial The Marshall Mathers LP was nominated for a grammy, and GLAAD, the Gay & Lesbian Alliance against Defamation, is upset about it.

True, the rapper writes some brutal lyrics. In "Criminal," for example, he rants, "My words are like a dagger with a jagged edge that'll stab you in the head whether you're a fag or a lez or the homosex, hermaph or a trans-a-vest. Pants or dress, hate fags? The answer's 'yes'."

Indeed, the lyrics in "Killing" are even worse, "You faggots keep eggin me on til I have you at knifepoint, then you beg me to stop? SHUT UP! Give me your hands and feet. I said SHUT UP when I'm talkin to you. You hear me? Answer me! Or I'ma kill you!"

As a result of lyrics like these, GLAAD worked to block Eminem's Grammy nomination stating, "Because Eminem's audience is largely comprised of adolescent boys beginning to form their adult attitudes towards gays, lesbians and women in general, GLAAD believes it is important for journalists to discuss issues of lyrical and corporate responsibility when reporting on Eminem."

Note please their careful sidestep past the issue of censorship. "Important for journalists to discuss" they say. "Lyrical and corporate responsibility," they add.

But what exactly is behind that word "responsibility"?

Censorship. Self-censored or corporate-censored or government-censored, whatever. GLAAD wants those lyrics to stop.

Well, why don't they just come out and say so?

Because if they do, they will run smack dab into that pesky first amendment.

So here we come to the point of this piece, the crux of my argument: If groups like GLAAD expect to see any real or lasting change, they must take arms against the Constitution and especially the First Amendment. They must stop using fuzzy words like "responsibility" and make reasoned arguments considering exceptions to free speech.

I would recommend taking an approach close to that of Charles R. Lawrence III. In his essay "On Racist Speech," Lawrence asserted, "Racist insults are particularly undeserving of First Amendment protection because the perpetrator's intention is not to discover truth or initiate dialogue but to injure the victim." Boldly, Lawrence argues that speech must, in some instances, be regulated.

If GLAAD is deeply offended by Eminem's lyrics and deeply feels that they must stop, then they must assert their position with the same boldness with which Lawrence asserts his; otherwise, their voices will be drowned out by a very heavy bass beat underneath a slow and steady rap.

February 2001

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