I AM THE BLAWG: OZZY & JUDAS PRIEST ON TRIAL, PART TWO – THE FIRST AMENDMENT AND FREE SPEECH
Friday, March 19th, 2010 at 1:30pm by Antonin Skullia Esq.
Last week, Ozzy & Judas Priest were on trial for spreading suicide-inducing messages in their music. How then were they able to escape liability for their actions? For simplicity, I’ll only refer to Ozzy’s trial. (For those of you interested in reading the full opinion, it can be found at McCollum v. CBS, Inc., 202 Cal. App. 3d 989. )
The court in Ozzy’s case rejected the McCollums’ claim on two different grounds. First, the First Amendment provided an absolute bar to the claim. Second, even if the McCollums could have gotten past the First Amendment bar, they could not have proven the foreseeability element of their negligence claim.
The First Amendment is a pretty amazing thing. In case you forgot what it says, here it is:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Rather than trying to have the government control what could and could not be said, they washed their hands of the whole mess by granting free speech to all. Until that time, England had only protected freedom of speech for Parliamentary debates, and France had recently enacted legislation similar to our First Amendment. I don’t know all of the history here, so if you do, please edify the rest of us in the comments.








Swine flu got you down? Don’t get too scared, it was always part of the
I see tons of douchebags trolling around Los Angeles in shitty shirts that look dangerously similar to these. It’s pretty sad. It’s a pandemic for sure. And there’s not really much we can do at this point. It seems even the Boston Red Sox have been struck with this “affliction” (pictured right). I hate all of you.






