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TIME: Almanac 1993
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TIME Almanac 1993.iso
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073090
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0730110.000
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1992-08-28
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LAW, Page 65Did the Music Say "Do It"?
A trial tests whether a rock LP subliminally prompted suicides
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.
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.'"
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.
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."
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."
By William A. Henry III. Reported by Erik Pappa/Reno.