20 October 2008

John Adams, terrorist

An interestingly broad mix of people in my life have pointed me to an article in The Guardian about John Adams (well-known American composer of the documentary operas Nixon in China; The Death of Klinghoffer; and now Doctor Atomic, currently running at the Met). This weekend, Adams told BBC Radio he's "blacklisted" in his own country because he's found himself on the terrorist watchlist that results in harsh receptions and interrogations each time a person on the list goes to an airport.

Now, while I would be the last to deny the reality that the government's keeping a close eye on artists who do politically-charged work (at least two groups I was part of were on the NYPD's "Hip Hop Task Force" surveillance list when that story broke a few years ago, and no doubt my Axis of Beauty project has perked up the metaphorical ears of Carnivore and its various spawn)... it's also likely that a guy named "John Adams" now gets harassed at every airport just because the watchlists are so broken that it's impossible to make distinctions among people who have the same name (and the more common a name, the more likely it's on at least one of the lists).

So a distinguished composer joins the endless litany of toddlers, nationally known politicians, and even top Homeland Security officials who've gotten caught in this head-spinningly haphazard and unregulated system. "Blacklisting" in the historical sense might not be the most accurate name for the experience -- he's not being prevented from having his work performed and recorded -- but clearly, the situation is shameful.

16 October 2008

Four years in federal prison for thought crimes?

Earlier this month a Tampa court announced a sentence of 46 months in federal prison in the Max Hardcore case. So far I haven't heard any discussions about it that don't dismiss his case as a laughable curiosity and/or disintegrate into not-the-point debates over people's personal reactions to his videos.

Am I the only one thinking it's a serious leap into scariness for our country to send a man to federal prison for four years on "obscenity" charges? He produced hardcore consensual porn videos using only adult actors. No one's disputing that. He was sentenced based on the usual obscenity test of offending "community standards" (trial was in Tampa but charges are federal). Don't obscenity charges typically lead to financial penalties (fines and/or confiscation of the materials in question) rather than prison time?

Is this case getting ignored because free speech advocates aren't crazy about a hardcore gonzo porn producer as a First Amendment test case? Well, test cases for free speech are, almost by definition, not comfortable for everyone. I'm personally way happier arguing for hardcore porn or for 2 Live Crew lyrics than arguing for Neo-Nazis' right to march down Main Street -- but I will argue for all of them. Personal comfort is not the point.

I absolutely believe the slippery slope of criminally prosecuting speech is more dangerous than any speech itself. What's next -- and who's next?