Music as speech

[Lewis Henry LaRue]

Should one focus on such categories as "endorse", etc.?

If this focus is correct, then instrumental music would be permitted
where lyrics would not.  (Assuming, arguendo, that singing lyrics
might sometimes be "endorsing" and thus "establishing.")

I would reach this conclusion because interpreting a passage of
instrumental music by translating it into words and sentences, and
then declaring these words and sentences to be the "meaning' is, to
say the least, questionable.  In some circle, it is thought to be the
mark of the philistine to do so; I wouldn't go that far, but I do
find the prospect of litigating the meaning of music to be rather
amusing.

And by the way, I do not endorse the use of "endorse" as a test,
although by contrarian position on this is probably irrelevant to
Sandy's inquiry.

Best wishes,  ----  Lash


Lewis Henry LaRue
Washington and Lee University
School of Law
Lexington, VA 24450-0303

e-mail address: LHL at WLU.EDU
telephone: 540-463-8513
fax: 540-463-8488