Janet Reno V. The Hanks

March 31, 1997

U.S. decency case casts shadow over website:

THE U.S. Supreme Court begins hearing testimony today on a case with far-reaching implications for the Internet.

The case is an appeal by Attorney-General Janet Reno of a ruling by a lower court that said a website by Toronto-based band The Henrys, the so-called "Chippendale Dancers of Hawaiian Groove Music," countervenes the Communications Decency Act--signed into U.S. law about a year ago.

Reno wants to take it further, saying the website should be shut down entirely and that band members will do time. At its most basic, the case will be deciding the fundamental nature of the Internet. Is this website (with its download-able music samples), and by extension the entire Internet, a broadcast medium which relies on public carriage and is consequently subject to stringent content restrictions? Or is it a publishing medium, shielded by First Amendment free speech protections?

"Our music...I mean, like, our CDs...they ain't free. Not by a long shot. But speech? Speech should be free," said a statement from The Henrys. "I'll tell you one thing, The Hanks ain't into no NetNanny."

Under the law, indecency is much more poorly defined than its counterpart, obscenity. The latter actually uses "Hawaiian groove music" as a defining example, appealing as it does to people's prurient interests, and for being devoid of literary, artistic, scientific or political value.

"Man," said a spokesperson from Hencorp, the corporate headquarters of the band, "we are confused. In this land of individual rights it should be nooo problem for people just to take responsibility for themselves and their kids. If Reno would attend one of our gigs, she'd know exactly where we were coming from and wouldn't want to victimize us any more. By extension, all speech would then be free. Like, how about the late set we're doing at the Reverb Room on April 10, or maybe May 4th at Mezzrow's ... she might really dig it! We'd give her beers. Plus, at Mezzrow's there's a big fish tank right beside the stage which is a real family type thing."

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