Washington state's controversial erotic-music law that restricted sales to minors was ruled unconstitutional by the state Supreme Court Thursday.
The law required that erotic recorded material be labeled "Adults Only" and displayed so it was not accessible to anyone younger than 18.A mother whose complaints about rap lyrics inspired the law said she was disgusted, but not surprised, by its defeat in court.
"I knew it was coming," said Karen Leslie of Everett, Wash., who complained to her state representative that her 5-year-old son had learned obscene language from a 2 Live Crew album. "All I tried to do was protect the kids from the money-grubbing industry that tried to exploit them for a buck.
"If the court and government aren't going to protect the kids," she continued, "who is?"
In Thursday's unanimous decision, Washington State Supreme Court Justice Charles Smith ruled the bill - challenged by the American Civil Liberties Union the day it was signed into law - violated certain free-speech rights, including those of adult retailers, distributors and listeners.
"It's very difficult to draft legislation that is narrow enough to restrict access by minors and not harm the free-speech rights of adults," said the ACLU's Kathleen Taylor. "If it's not distributed, they're the ones who are harmed."
The decision was greeted as good news in a Seattle rock community still numb from the death last week of Kurt Cobain, lead singer of the group Nirvana. "It's great," said Nirvana bass player Krist Novoselic.
Novoselic joined other Seattle musicians in protesting the bill as an infringement of free expression. Among those who challenged its constitutionality were Seattle-based music figures Sir Mix-A-Lot, Ann and Nancy Wilson of Heart, plus Pearl Jam, Queensryche, Alice in Chains and Soundgarden.
"I'm really thankful that the Seattle music community has an organization like the Washington Music Industry Coalition fighting for all of us," Novoselic said.
The coalition - an alliance of musicians, artists, promoters, record labels, clubs and others in the music industry - has battled the bill since it was signed into law in 1992 by former Gov. Booth Gardner, who called the legislation a "warning shot" to the music industry. Gardner was bombarded with 3,900 protests of censorship after MTV put his fax number on the air.
The battle over the law was watched carefully by the national recording industry.
"We're extremely pleased by the state's decision," said Tim Sites, vice president of communications for the Recording Industry Association of America in Washington, D.C. "I think this will certainly send a message to states around the country that we need to protect our First Amendment rights."
Similar legislation is pending in other states. "They've been waiting to see what happened with our injunction," said Richard White, spokesman for the Washington Music Industry Coalition.