What are the concerns related to subliminal speech in entertainment? Should subliminal messages be afforded First Amendment protection?

What will be an ideal response?


The primary concern over subliminal speech is that it can influence a person's behavior or attitude subconconsciously. In Waller v. Osbourne, 763 F. Supp. 1144 (M.D. Ga. 1991), the plaintiffs brought a wrongful death action asserting that their son had been incited to commit suicide through the music, lyrics, and subliminal messages contained the song Suicide Solution on the album Blizzard of Oz by John "Ozzy" Osbourne. The court noted that the presence of a subliminal message (similar to false and misleading commercial speech) has little social value. If the song had subliminal messages, the music would then have no First Amendment protection. The court concluded that the most important characteristic of a subliminal message is that it enters into the brain while the listener is unaware that he or she has heard anything at all. Ultimately, the court held the plaintiff had failed to produce evidence from which one could even infer that there was a subliminal message in the song. In another case involving the group Judas Priest, a trial judge ruled that subliminal speech or music on record albums did not deserve First Amendment protection and that people have the right to be free from this type of speech.

Legal Studies & Paralegal

You might also like to view...

Transactional firms

a. do not use interviewing and investigating. b. do not use interviewing. c. do not use investigating. d. use interviewing and investigating.

Legal Studies & Paralegal

To hold a defendant liable in negligence, the plaintiff has to show that

A) defendant's actions resulted in damages B) defendant did not intend to cause harm C) defendant's breach of duty of care was due to a mistake D) defendant was mistaken about whether a duty of care was required

Legal Studies & Paralegal

A shadow jury is:

a. another name for the actual jury b. a jury selected by the law firm or outside consulting firm c. a panel of typical jurors who participate in the mock jury d. none of these choices

Legal Studies & Paralegal

Utility easements for cross-country high-tension electric power lines are generally appurtenant easements. 

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal