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John Whitehead's Commentary

Should the Constitution Cover The Violent Lyrics Of Rapper Eminem?

John Whitehead
James Madison, one of our Founding Fathers, once predicted that the Bill of Rights would become mere "parchment barrier," words on paper ignored by successive generations of Americans.

There are many who wish Madison's prediction had come true. They believe we've allowed this "parchment barrier" to separate our society from any sense of dignity and civility. I wonder how Madison might react today to the solid rampart of First Amendment protections afforded Eminem, the controversial rapper whose lyrics are shockingly obscene, misogynistic and violent.

The latest group to have their sensibilities pricked by the young white rapper is the Gay & Lesbian Alliance Against Defamation (GLAAD). The group protested MTV's decision to feature Eminem in a performance at the channel's recent Video Music Awards. GLAAD spokesman Scott Seomin said, "MTV should be ashamed of itself for promoting such a hateful, homophobic and misogynistic artist."

Seomin does have a definite point, and his organization has every right to speak out, which they should exercise. Eminem's lyrics, particularly those on his most recent release, The Marshall Mathers LP, are enough to revolt even the most hardened observer of popular culture. It's extremely difficult for most to accept his lyrics. But here are a couple of the milder examples:

First, from the song "Kill You": "You faggots keep eggin me on/ til I have you at knifepoint, then you beg me to stop." And from the same song: "Slut, you think I won't choke no whore/ til the vocal cords don't work in her throat no more?!"

Much of the album makes these lines seem like a primary reader. Women, homosexuals and critics of his work find themselves the target of Eminem's rhyming stream of expletives.

But there is something at play here that's very important. While I certainly wouldn't recommend that anyone purchase The Marshall Mathers LP for their teenager, there is something to be said for giving bitter voices an outlet.

The abortion protest movement has shown us what happens when free expression is cut off; that is, those voices desperate to be heard resort to violence. And if the government--or even a consortium of private corporations--should choose to block the expression of voices like Eminem's, a similar result could follow. Violent lyrics could transform into violent acts because there are a lot of frustrated people in this country.

In addition, while Eminem may have started out venting the wounds of a twisted childhood, lately he's piled on the expletives in response to his critics. In "Criminal," he complains, "A lot of people ask me/ stupid f------ questions/ a lot of people think that/ what I say on records/ ... that I actually do in real life." In the same song, he reveals that, "half the s--- I say/ I just make it up/ to make you mad." And he accuses his attackers of not being "brave enough to say the stuff I say."

In a sense, then, the First Amendment's protection of free speech serves two functions. First, it is the wall that protects expression from government censorship. But it also acts as the lid on a teakettle. If the lid is open as the water boils, the steam simply escapes harmlessly into the air. Gradually close the lid, though, and the kettle begins to shriek. Close it all the way, and you could have an explosion.

For Eminem, his first album, The Slim Shady LP, came with the lid wide open. But as the critics moved in, the lid began to close, at least in his mind. So now comes Marshall Mathers, a shrieking rocket of steam shot straight into the heart of America. The answer to Mathers is not to close the lid completely. Such a reaction could, ironically, lead to actual, rather than verbal, violence.

James Madison never could have imagined a voice like Eminem's. But neither could he have imagined that his "parchment barrier" would cement into such a solid wall of protection for free expression. The twenty-first century has given us more reasons than ever to begin chipping at this wall. But our society would pay a much dearer price were we to allow a few disgruntled adolescents to frighten us into abandoning our historic commitment to free speech.
ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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