Foul language

Worcester's demand that rock-and-rollers clean up their act is an unconstitutional violation of their free-speech rights

Worcester City Councilor Tim Cooney was playing golf one day last September. Nearby, at Green Hill Park, more than 10,000 rock fans were enjoying the annual Locobazooka Festival. Suddenly, Cooney heard a musician utter a word he must have heard from fellow golfers on countless occasions, a word that -- yes -- he himself might possibly have used in a moment of frustration. "Shit!"

Of course, "shit" probably qualifies as the official word of golf. But this, after all, was not a fellow golfer lamenting a wicked slice or an easy chip shot that had landed inexplicably in a sand trap. No, this was a rock-and-roller, bellowing into a microphone. As a result, the city of Worcester, prodded by Cooney, has embarked on a clean-language crusade that would be laughable if it weren't an unconstitutional infringement on free speech.

On Saturday, August 21, the newly organized Musicians and Friends International Organization (MAFIO) will hold its coming-out party: a 22-band free-for-all at Worcester's Cristoforo Columbo Park. Unfortunately, the concert will come to a rapid close if the musicians can't watch their mouths. The city parks commission has handed down an edict that if any of the band members use "profanity," the plug will be pulled. Conceivably, a violation could threaten next month's Locobazooka as well. "You can still have your entertainment, but not at other people's expense," says Cooney. "I'm not against people enjoying themselves, but the offendee" -- that's Cooneyese for himself and his supporters -- "has certain rights too. They're on taxpayers' property."

The parks commission has gone to ridiculous lengths to enforce the no-dirty-words edict. The public-address system has been equipped with a kill switch, and Lloyd Plumstead, the force behind MAFIO, will be required to carry a cell phone so that city officials can reach him at any time during the day-long event.

The edict is a gross violation of the First Amendment. Indeed, Cooney's reasoning that the city may regulate speech on property it owns is actually a complete inversion of 70 years' worth of federal-court rulings, which have held that free-speech rights may not be abridged in any way on public property. "Parks are traditionally places where one can exercise rights of free speech," says John Reinstein, legal director of the American Civil Liberties Union of Massachusetts. "In my view, it's a condition that's simply unconstitutional on its face." Reinstein also notes that there is no legal definition of "profanity," and that the clean-language edict is likely to be "arbitrarily enforced."

Unfortunately, the First Amendment isn't worth much if the censors' victims can't afford to spend either the money or the political capital needed to enjoy its protections. Dan Hartwell, the promoter of Locobazooka, acknowledges the unpleasant truth when he notes that a legal fight "would blow up Locobazooka, and then there wouldn't be a concert." Indeed, Ronal Madnick, who directs the ACLU's Worcester office, says he would "quite likely" be willing to represent the musicians in a court challenge, but that he has yet to be approached. (At press time, Madnick said he was looking into filing a preliminary injuction against the city.) It's sad, though understandable, that Worcester's musicians would rather try to live with the city's anti-constitutional edict and keep the music alive than get bogged down in a protracted court battle.

In some cases, apparently, you really can't fight City Hall. Which means that the musicians of MAFIO and Locobazooka can't say shit about losing their constitutional rights.

What do you think? Send an e-mail to letters[a]phx.com.