The Muzzle Awards
The Phoenix's third annual dishonor roll
by Dan Kennedy
The cilling effects of political correctness and post-Columbine
jitters are at the root of this year's Muzzle Awards.
From Western Massachusetts, where a student production of West Side
Story was canceled lest delicate ethnic sensibilities be offended, to
Boston, where Judge Allan van Gestel banned the news media from reporting the
contents of a gay sex tape, officials put feel-good intentions ahead of First
Amendment rights.
From Maine, where Governor Angus King signed a law requiring that teachers be
fingerprinted, to Rhode Island, where a 12-year-old was suspended for belonging
to the laughably named "Scottish Mafia," repression was government's first
response to fears about school violence. As Benjamin Franklin memorably
observed, "They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety."
This year's round-up -- presented, as always, just before the Fourth of July,
when we celebrate the freedoms that haven't been taken away from us yet -- was
compiled by keeping a close eye on free-expression issues as they developed
throughout the year. Several "winners" were based on stories reported by the
Phoenix. Others were chosen by scanning newspaper and wire-service
databases. The criteria: the person or persons being singled out
must have committed their misdeeds in New England, and said misdeeds must have
taken place -- or come to fruition -- since July 4 of last year.
Hearing no objection from Judge van Gestel, let's roll the tape.
AMHERST REGIONAL HIGH SCHOOL
Just say no to West Side Story
The most shameless violation of free speech (not to mention artistic license)
to hit New England during the past year broke out last November. Camille Sola,
a 17-year-old student at Amherst Regional High School who is partly of Puerto
Rican descent, presented officials with a petition signed by more than 150
students to protest a planned production of West Side Story. Sola
claimed the Leonard Bernstein classic was replete with negative ethnic
stereotypes. Science teacher Nick Shaw, whose wife is Puerto Rican and who
supported the protest, was quoted as saying, "The portrayal of Puerto Rican men
is frankly vile."
Just about everyone agreed that liberal Amherst, a "nuclear free" town where
the flag of the United Nations flies over the common, had gone too far. The
protest drew snickers from network television and media from coast to coast --
and overseas, too, as even the London Guardian weighed in. Critics
charged that political correctness had run amok. People for the American Way
spoke out against the urge to censor. Locally, more than 100 people rallied for
free speech. The anti-West Side Story protest was so universally
lampooned and derided that it's easy to lose sight of the overriding point:
The censors won.
Director of secondary curriculum Wendy Kohler, who had supervised the spring
musicals for more than a decade, decided, in the end, to cave in to the
protesters and cancel West Side Story. "We didn't make the right
decision," she told the Boston Globe. "But it was the only one we could
make."
Assessing blame in this instance is not easy. Sola and Shaw certainly can't be
faulted for their sincerely held beliefs, nor should they be excoriated for
exercising their own free-speech rights by speaking out. Kohler concluded,
rightly, that it was unfair to her aspiring actors and musicians to put them
through a political meat grinder. Principal Scott Goldman and superintendent
Gus Sayer were both quoted as saying all the right things -- namely, that it
would be wrong to cancel West Side Story, and that it presented an ideal
opportunity to discuss the negative stereotypes contained therein.
Collectively, though, all of these people ended up doing precisely the wrong
thing. Ultimately, the blame must rest with school officials. If Goldman,
Sayer, and school-committee members had issued a strong, unambivalent statement
in favor of free speech, Kohler might well have decided to stick to her
convictions. School officials had an opportunity to teach their students that
free speech is something worth fighting for.
Instead, these educators took the expedient way out.
GOVERNOR ANGUS KING
School reform, Maine-style: book 'em
Thanks to a law enacted in May, anyone who wishes to teach or otherwise work in
the public schools of Maine must do the same thing required of someone
suspected of robbery, rape, or murder: submit a complete set of fingerprints to
law-enforcement authorities.
Deciding to give a coveted Muzzle to Governor Angus King was not easy. After
all, there were many players involved in moving the fingerprint law from
ridiculous proposal to repressive reality. A dishonorable mention goes to the
state teachers' unions, whose only objection was that teachers might be forced
to foot the $49 bill. Another goes to the Portland Press Herald, whose
aggressive editorial support gave legislators the cover they needed.
King, though, truly distinguished himself, not just by signing the bill into
law, but by vetoing an earlier version of the bill on the grounds that it
wasn't sweeping enough, as it would have applied only to new employees.
If it's any comfort, Maine teachers should not feel that they've been singled
out. According to the Associated Press, the vast majority of states require
fingerprints, a background check, or both. The only states that do not require
either are Indiana, Iowa, Kansas, Louisiana, Massachusetts, Mississippi,
Montana, and West Virginia. (Shhh -- don't give any ideas to Massachusetts
governor Paul Cellucci, a two-time Muzzle Award winner who was shut out this
year.)
Fingerprinting laws are motivated by a serious concern: the safety of children.
The recent arrest of Christopher Reardon, the youth worker from Middleton,
Massachusetts, who has been implicated in numerous instances of child
molestation, is a reminder of how vulnerable kids can be. Yet a background
check would not have resulted in screening out Reardon, since he had no prior
record. And fingerprinting him would have accomplished precisely nothing.
Earlier this year, Barry Steinhardt, associate director of the American Civil
Liberties Union (ACLU), explained the dangers of the new Maine law in an
interview with the Portland Phoenix. "Fingerprints were taken originally
for persons accused of crimes," he said. "Now they are coming into wide use,
and everybody is being treated like a criminal. School teachers are being
treated like criminal suspects."
Now King proposes to extend the fingerprinting law to include day-care workers
as well. "Basically, what he's promising is to have a fingerprint check of
anybody who deals with children," Bernard Huebner, a teacher in the Skowhegan
area, told the Phoenix. "This is insane. This is so destructive of so
many fragile qualities of society."
GUY DIBIASO
Beware of the plaid mafiosi
The horrific shootings at Columbine High School in April 1999 understandably
inspired strong reactions from school officials nationwide. Some of those
reactions, aimed at educating and counseling troubled students, were helpful
and worthwhile. Others, which punished students for the clothes they wore or
the kids they hung out with, certainly did more harm than good. And some were
just plain stupid.
Without question, the actions of Guy DiBiaso, superintendent of the
Bristol-Warren Regional School District, in Rhode Island, were just plain
stupid. In May 1999, a 12-year-old sixth-grader at Warren's Kickemuit Middle
School was suspended for 10 days for his supposed membership in a group known
as the Scottish Mafia. The group's name was an apparent takeoff on Columbine's
Trenchcoat Mafia, with which killers Dylan Klebold and Eric Harris had a
passing acquaintance.
The Scottish Mafia had reportedly caused some trouble and made some threats.
Eight students were suspended, although about half were eventually found
blameless. In the case of the 12-year-old, whose name had turned up on a list
of alleged members, there was absolutely no evidence that the student had
participated in any illegal activity. Nor had he ever been suspended before.
Yet DiBiaso, rather than overruling his jumpy underlings at the Kickemuit
School, extended the boy's suspension through the end of the year and said he
would consider permanent expulsion.
In the end, sanity prevailed. Last September, the ACLU -- which had intervened
-- announced that the school system had agreed not to expel the student, and to
expunge its earlier actions from his records.
In December, following a trip by Hillary Rodham Clinton to Rhode Island's
Cumberland High School in which she shamelessly attempted to whip up hysteria
about school violence, the Providence Phoenix published a lengthy piece
showing that, nationally, the problem has actually been declining in recent
years. Rhode Island ACLU director Steve Brown referred to the Kickemuit
incident as emblematic of the sort of "needless overreaction" that greeted the
Columbine shootings. School officials, though, remain unrepentant. "I'll err on
the side of caution every day of the week," Paul Canario, the school's acting
principal at the time, told the Phoenix. And in an interview with the
Providence Journal, DiBiaso said, "We're charged with providing
a safe place for students."
DiBiaso and Canario might consider what sort of safe environment they provided
to one 12-year-old whose only offense was having his name included on a list.
JUDGE ALLAN VAN GESTEL
Prior restraint rears its ugly head
On the cosmic scale of journalistic importance, broadcasting a surreptitiously
made tape of kids' having their questions about gay sexuality answered hardly
ranks with publishing the Pentagon Papers, which exposed the secret history of
US involvement in the Vietnam War. But thanks to Suffolk Superior Court judge
Allan van Gestel, the two cases share something in common: the patently
unconstitutional assertion that the government may prohibit the media from
reporting information it already has. It's called prior restraint, and for
those who thought it was long dead, van Gestel's actions were a chilling
reminder that First Amendment rights must be fought for over and over again.
The case was set in motion on March 25, at a seminar at Tufts University
organized by the Gay, Lesbian, and Straight Education Network (GLSEN) titled
"What They Didn't Tell You About Queer Sex and Sexuality in Health Class." The
14-to-21-year-old participants were given assurances of strict confidentiality.
What they didn't know was that Scott Whiteman, of the right-wing Parents'
Rights Coalition of Massachusetts, was in the room, secretly taping the
proceedings.
After the contents of the tape made their way onto the talk-radio station WTKK
(96.9 FM) and the Web site of the hatemongering Massachusetts News, Gay
and Lesbian Advocates and Defenders (GLAD) took the Parents' Rights Coalition
to court, hoping to prevent wider distribution. GLAD also named as defendants
"Does 1-1000," in an attempt to place the same restrictions on anyone else,
known or unknown, who might have a copy.
On May 17, Judge van Gestel went along with GLAD to an extent that can only be
described as startling. First, he restrained Whiteman and the coalition's
president, Brian Camenker, "from any action of any kind that would disclose the
contents of the workshop." Next, he broadened his order to include "defendants'
officers, agents, servants, employees, and attorneys." Finally, he threw in
"any and all persons who presently possess a copy of the tape and attempt to
disclose or use such tape in any forum." In other words, the first time WTKK
talk-show host Jeanine Graf broadcast the tape, she was guilty only of
sensationalism and of pandering to her homophobic listeners. After van Gestel's
order, she would be guilty of breaking the law.
The free-speech implications of van Gestel's order were immediately seized upon
by the Parents' Rights Coalition's lawyer, Chester Darling, who has a
distinguished record of defending the free-speech rights of unpopular groups.
(Though Darling is best known for representing a South Boston veterans'
organization that sought to ban gay and lesbian marchers from its St. Patrick's
Day parade, he also threatened to sue the city of Lawrence in 1998 if it
refused to grant a permit for that city's first gay-pride march.) Most notably,
Darling invoked the 1971 Pentagon Papers case, in which the Supreme Court ruled
that the government could not prevent the New York Times from publishing
purloined documents. That case, Darling wrote, "spoke clearly against prior
restraint of speech, even when the written speech was a confidential document
illegally stolen from the Department of Defense." The Fox News Network also
filed a brief protesting van Gestel's "unconstitutional prior restraint,"
arguing, "Simply put, this court has restrained Fox News and all media from
reporting on or discussing aspects of a significant news story."
The arguments had an effect. On May 25, van Gestel issued a new injunction,
this one applying only to Whiteman, Camenker, their organization, "and any
persons in active concert or participation therewith." Van Gestel added:
"Nothing in this preliminary injunction shall be deemed to apply in any way to
the print or electronic news media."
To be sure, van Gestel was not the only participant who showed poor judgment.
First there was the Parents' Rights Coalition, for grotesquely violating the
confidentiality that had been promised to the kids who attended the workshop.
There were WTKK hosts Graf and Jay Severin, who attacked the workshop educators
as, essentially, advocates of perversion. And there was state education
commissioner David Driscoll, who responded to the controversy by firing one
staffer who'd been involved in the workshop, forcing another to resign, and
eliminating a consultant. Granted, even a GLSEN spokesman said he was
"surprised and troubled" by some of the frank talk that took place at the
workshop, which included such topics as oral sex and fisting. But a partial
transcript also shows that the facilitators were attempting to respond honestly
to the kids' legitimate questions.
Only van Gestel, though, subverted anyone's constitutional rights. Fortunately
the harm he caused was undone, at least in part. But what on earth was he
thinking?
WEYMOUTH POLICE
Keeping the streets Mumia-free
Protester Nick Giannone and two high-school students learned an important
lesson last September. If you put up handmade posters to advertise an upcoming
yard sale, the local police will leave you alone. But if you put up handmade
posters letting the public know about an upcoming rally for convicted
cop-killer Mumia Abu-Jamal, you'll get arrested and charged with violating the
state's anti-tagging law.
As reported by the Boston Phoenix, the three were arrested for posting
fliers urging a walkout at Weymouth High School on behalf of Abu-Jamal, who has
become a cause célèbre in radical-left and anti-death-penalty
circles. Despite overwhelming evidence that the outspoken and articulate
Abu-Jamal is guilty as charged in the 1982 murder of Philadelphia police
officer Daniel Faulkner, serious questions remain as to whether he received a
fair trial.
The case against Abu-Jamal may remain in doubt, but the case against the
Giannone Three is pretty clear-cut. If the First Amendment stands for anything,
it must stand for the right of citizens to get their message out to the public.
Posting information about an upcoming political rally is about as basic to
constitutional rights as you can get -- the equivalent of climbing on a soapbox
in a public park and declaiming on the issues of the day. The actions of the
Weymouth Police sent a chilling message that, for those who lack access to a
printing press or a TV or radio station, free-speech rights can be mighty
limited indeed.
Giannone -- who had previously had some minor scrapes with the law -- works
with Refuse and Resist, a pro-Mumia group based in New York. Speaking of his
arrest for "tagging," he told the Phoenix, "I think it has to do with
the message more than anything, the message that youth in this town support a
new trial for someone framed for killing a police officer." Added his lawyer,
Damon Borrelli: "The issues that Mr. Giannone is raising are obviously issues
of freedom of speech."
According to the Quincy Patriot Ledger, Giannone's co-defendants, who
were minors at the time of their arrests, received probation. But Giannone
chose to serve a short jail sentence for violating a probation he was already
serving rather than be sentenced to additional probation.
Thus, for Giannone, the price of free speech was 10 days in the can.
MARIA GARCIA-AARONSON
Horror story elicits horrifying response
One day in early April, Shital Shah, an English teacher at Boston Latin
Academy, gave her students an assignment: write a horror story. Charles
Carithers, a junior, went about his task with imagination and enthusiasm,
telling the tale of a 17-year-old athlete who cuts off his teacher's hand with
a chain saw, picks it up, and slaps her with it. It was a horror story Shah had
asked for, and it was a horror story Shah got. She might have awarded Carithers
an A. Instead, she went to the headmaster, Maria Garcia-Aaronson, and told her
she was terrified to the point that she could no longer abide having Carithers
in her classroom.
Garcia-Aaronson, needless to say, should have pointed out to Shah the absurdity
of punishing a student for carrying out his assignment too skillfully. She
should have ordered her to go back to work. But no. Instead, Garcia-Aaronson
pandered to her skittish employee and suspended Carithers for three days. "She
[Shah] wanted us to write a vivid horror story. I assumed she wanted something
real scary," Carithers told the Boston Globe. "I expected her to think
it was sick but not to take it as a personal threat." Responded school-system
spokeswoman Tracey Lynch: "The school believed the essay was a threat for a
couple of reasons, including that the characteristics of the characters in the
story resembled both the teacher and the student, that it was somewhat more
personal. Also, the images in the story were extremely violent and extremely
specific."
Post-Columbine, Carithers's suspension was hardly the only overreaction to
perceived threats of student violence. There was the matter of the previously
discussed Scottish Mafia, in Rhode Island. There was a special-needs student in
Leominster who was expelled for drawing a picture in which his school was
surrounded by bombs. There were three eighth-graders in Scituate who were
suspended for posting a threatening Web page about one of their classmates.
There were four eighth-grade boys in Quincy who were suspended for writing a
sexually explicit takeoff of the Constitution that included the initials of
three female classmates, a case written about by the Boston Phoenix.
Carithers, though, may be unique in being suspended for carrying out an
assignment too well.
As is usually the case in such situations, school officials backed down. In a
written statement, Massachusetts ACLU executive director John Roberts charged
that Carithers's suspension "violated the principles of free expression which
the school should be jealously guarding." Carithers's mother appealed her son's
suspension, and a hearing officer ruled in the student's favor.
Still, the unspoken message was clear. If a student says or writes something
that is perceived as dangerous, he may end up fighting for his academic life.
But if a teacher or administrator punishes a student for exercising his right
of free expression, then she risks nothing worse than the slight embarrassment
of having that punishment overturned.
JUDGE EDWARD HARRINGTON
Censoring anti-censorship activists
Cyber Patrol, the most popular of the so-called Internet filtering programs, is
not without its legitimate uses. Designed to prevent Web surfers from accessing
sites that contain pornography, violent images, hate speech, and other
offensive material, it can be a sensible way to protect young children who go
online. For the past several years, it has been installed on computers in the
children's room of the Boston Public Library.
But as critics have always been quick to note, Cyber Patrol's filtering
guidelines are so broad that they block legitimate sites too, such as those
aimed at providing teenagers with information about pregnancy and sexuality.
Across the country, library and school officials, afraid of tangling with
religious-right activists, have installed Cyber Patrol or similar software on
computers used by older students and even adults. Needless to say, such
censorship is a serious abridgment of First Amendment rights, and, in the case
of public libraries, a violation of open-access guidelines drafted by the
American Library Association.
Thus, the programming feat of Canadian Matthew Skala and Swede Eddy L.O.
Jansson could be described as a righteous hack. The two, who call themselves
anti-censorship activists, wrote a program that reverse-engineered Cyber
Patrol. They then posted it for free on the Web, allowing anyone who downloaded
it to see how Cyber Patrol works, examine its list of 100,000 banned sites, and
bypass its filtering mechanism.
That's not how US District Court judge Edward Harrington described it. Acting
on a complaint brought by Cyber Patrol's corporate parent, Mattel, alleging
that its copyright had been violated, Harrington issued an injunction that
essentially outlawed Skala and Jansson's program, a ruling that led the two to
settle with Mattel on onerous terms. Harrington also said he would go after
"mirror sites" -- Web sites around the world that had posted Skala and
Jansson's code.
According to the Boston Herald, Harrington's ruling stated in part: "It
raises a most profound societal issue. Namely, who is to control the
educational and intellectual nourishment of young children -- the parents or
the purveyors of pornography and the merchants of death and violence."
Strong language indeed -- but entirely at odds with the free-speech concerns
raised by his actions. Even the cautious editorial page of the Boston
Globe criticized Harrington's urge to censor, noting, "The judge needs to
decide whether criticism protected by the First Amendment includes the code or
whether its publication is barred by copyright law. . . . The
judge should let people publish what they want until he holds a trial on the
copyright question. Injunctions should not be used to stifle speech unless
absolutely necessary."
Actually, speech shouldn't be stifled at all unless it violates Oliver Wendell
Holmes Jr.'s "clear and present danger" test, which he defined as the
equivalent of shouting a false warning of fire in a crowded theater. Skala and
Jansson's programming feat presented a clear and present danger to nothing
other than Mattel's bottom line.
PETER LEVINE
Crushing dissent -- and academic freedom
At a fundraising strategy session last November, William Meyers, a respected
liver surgeon who headed the surgery department at UMass Memorial Health Care
in Worcester, engaged in a frank discussion with two financial donors. As
reported by the Worcester Phoenix and the Boston Phoenix, Meyers
talked about the tension that existed between hospital administrators and
doctors, and the role of managed care in aggravating those tensions.
As it turned out, Meyers's candor would cost him his job.
Days later, he was summoned by Peter Levine, a fellow physician who is the CEO
of UMass Memorial. Levine told Meyers he was firing him for making a
"discrediting remark." Meyers responded that he would fight. That, in turn, led
to a settlement several weeks later in which Meyers agreed to resign for what
was presumably a hefty severance package.
Ordinarily, a person does not have the right to criticize his employer and
remain employed. Meyers, however, occupied an unusual position at the
crossroads of free speech and private employment. Like all clinical-department
chairs at UMass Memorial, Meyers was also a member of the faculty at UMass
Medical School. As part of the academic community, Meyers had, or should have
had, the academic freedom to speak openly without fear of reprisal. Yet,
because of the 1998 merger of the public UMass Medical Center, a teaching
hospital, with the private Memorial Hospital, Meyers was also the employee of a
semi-private institution, one that critics say has become increasingly
corporate in its struggle to navigate the perilous financial waters of modern
health care.
By some accounts, Meyers was a rigid, unyielding man who, in being dismissed,
finally got a taste of the pain he himself had dispensed to underlings.
Nevertheless, his expertise was never questioned, and his departure left a
clear message to other staff members. "People are afraid," one surgeon told the
Phoenix. "They worry, if someone like Meyers can be forced out, who will
be next?"
Like many free-speech dilemmas, this one bears the co-signature of a powerful
person who should have stood on principle and instead ended up going along to
get along. In this case, the statement announcing Meyers's resignation was
signed not just by Peter Levine but also by Aaron Lazare, chancellor of the
UMass Medical School. As a university official, Lazare should have challenged
Levine and fought for Meyers's academic freedom. Instead, he took the easy way
out, locking arms with Levine "to secure our missions . . . and to
initiate healing from harm."
The ugly truth is that the harm comes not from Meyers's outspoken ways, but
from the administration's willingness to abandon the traditional academic
commitment to free expression.
JUDGE PATRICIA ZIMMERMAN
Way too much order in this court
No one denies that Scott Huminski is litigious, difficult, and a bit of an
eccentric. A resident of Bennington, Vermont, he considers himself a "citizen
reporter," publishing his work on large signs that adorn his house and his
van.
On May 24, Huminski pulled into a parking space at the Rutland District
Courthouse, his vehicle emblazoned with this message: JUDGE CORSONES: BUTCHER
OF THE CONSTITUTION. The sign listed five cases in which he believed Nancy
Corsones had acted in an unconstitutional manner.
If Huminski's sign had been an editorial in the Rutland Herald, it's not
likely that court authorities would have even taken official notice of it. But
because its author was powerless and acting alone, the judicial book was thrown
at him. First, Corsones had him removed from court property. Then, Judge
Patricia Zimmerman issued an order barring Huminski from "all lands and
property under the control of the Supreme Court and the Commissioner of
Buildings and General Services, including the Rutland District Court, parking
areas and lands."
For life.
As Associated Press writer David Gram observed: "With that order still in
place, it's unclear how Huminski would be brought to court to face charges if
he violated it."
The case has attracted the attention of free-speech organizations such as the
Freedom Forum and the Thomas Jefferson Center for the Protection of Free
Expression. "It is hard to say exactly what provoked this extreme action by the
Rutland judges," wrote Paul McMasters, the Freedom Forum's First Amendment
ombudsman, in an essay on the case. "Huminski had not engaged in any disruptive
behavior. He had not threatened anyone. He had not engaged in picketing. He had
not uttered any obscene or vulgar language or `fighting words.' He had not
interfered in any way with the administration of justice. All he had done was
criticize public officials, a revered tradition in our democracy and fully
protected by the First Amendment."
It would appear that Huminski will win, and win easily. Robert Corn-Revere, a
prominent First Amendment lawyer who has taken on Huminski's case, told
McMasters, "I find the government's actions simply astonishing. I can think of
no judicial authority to support it."
But even when such ludicrous orders are overturned, the winner's victory
remains incomplete. If and when Huminski finally returns to the courtroom, he
will do so after having been harassed and intimidated for doing nothing other
than exercising his First Amendment rights. Next time, he'll think twice. Thus
will Zimmerman's abusive order continue to have its effect.
TIM COONEY
Golf, profanity, rock and roll
You can't say shit in Worcester -- at least not when Tim Cooney is lining up a
putt. In September 1998, then-city councilor Cooney was playing golf. Nearby,
at Green Hill Park, more than 10,000 rock
fans were enjoying the annual
Locobazooka Festival. Suddenly, Cooney heard a musician let out with an
uproarious, amplified "Shit!"
As reported in a Worcester Phoenix news story and a Boston
Phoenix editorial, Cooney decided he wasn't going to put up with any, uh,
shit. Last August, the newly formed Musicians and Friends International
Organization (MAFIO) organized a 22-band festival to be held at Worcester's
Cristoforo Columbo Park. As a result of Cooney's prodding, the city parks
commission handed down an edict that if any band members used "profanity," the
plug would be pulled -- and the following month's Locobazooka would be
threatened as well. "You can still have your entertainment, but not at other
people's expense," Cooney told the Phoenix. "I'm not against people
enjoying themselves, but the offendee" -- that's Cooneyese for himself and his
supporters -- "has certain rights too. They [the musicians] are on taxpayers'
property." Cooney, who retired from the city council last November, is now
running for state representative. Freedom-of-expression fans, take note.
The fact that the musicians were on public property was precisely the reason
that city officials had no business telling the musicians what they could say.
"Parks are traditionally places where one can exercise rights of free speech,"
Massachusetts ACLU legal director John Reinstein said. "In my view, it [the
no-profanity edict] is a condition that's simply unconstitutional on its face."
One of the bands scheduled to play the MAFIO festival, the pop/punk trio
Critical Condition, was about to put out a CD called, appropriately enough,
Censorship Sucks. Indeed it does. Just don't say it out loud.
Thanks to the intervention of the local ACLU, the parks commission amended its
edict, stating it was "voluntary." The MAFIO festival went off without a hitch.
A month later, Locobazooka drew a record 13,000 fans. It shouldn't be
forgotten, though, that the music was nearly silenced by an unconstitutional
order.
Following last year's tragic warehouse fire, Worcester's music community -- led
by, among others, Locobazooka honcho Dan Hartwell and businessman John Carnegie
-- organized a number of benefit concerts. Some of the money raised went to the
families of the six firefighters who were killed. Some went to buy equipment
such as thermal imaging devices, to enable firefighters to see through heavy
smoke.
It was a transcendent coming-together that made Tim Cooney's obsession with
four-letter words look like the juvenile sideshow that it was. And that's no
shit.
Dan Kennedy can be reached at dkennedy[a]phx.com.