For many tears I have been collecting silly things that judges have said about music and musicians

theremay be those of you among us who might appreciate this stuff

here is an example

ost: ODE TO CONWAY TWITTY
Posted by Hady Parkerson, Atty. on 5/24/03

In 1983 the U.S. Tax Court ruled that the country singer
Conway Twitty could deduct the cost of reimbursing
investors in his bankrupt restaurant "Twitty Burgers, Inc."
as a business expense because to have failed to do so might
have damaged his image as an entertainer. The court
concluded its opinion with a poem "Ode to Conway Twitty,"

FN14. We close with the following "Ode to Conway Twitty":

Twitty Burger went belly up

But Conway remained true

He repaid his investors, one and all

It was the moral thing to do.

His fans would not have liked it

It could have hurt his fame

Had any investors sued him

Like Merle Haggard or Sonny James.

When it was time to file taxes

Conway thought what he would do

Was deduct those payments as a business expense

Under section one-sixty-two.

In order to allow these deductions

Goes the argument of the Commissioner

The payments must be ordinary and necessary

To a business of the petitioner.

Had Conway not repaid the investors

His career would have been under cloud,

Under the unique facts of this case

Held: The deductions are allowed.

You heard it here first folks. We're the only hope the world has to pep up the legal system.

"Pleeeeeease release me, leeeeet me goooo..."

Thanks fot the reply Kalor.. continuing with the theme of musicians and their attemptsat persuading the IRS or its equivalent to look kindly upon them.. a gem from a case brought by Rod Stewart's mandolin player ( intro to Maggie May???)

Are silk boxers tax deductible???

…., representing purchases of various stage clothes items for which respondent has not allowed any amount. The receipts reflect the purchases of silk boxers, leather pants, men's underwear, hats, and a vest. Clearly the underwear does not qualify as a business expense. As to the remaining clothes items, we find that the majority of them are adaptable for general and personal wear and, therefore, are not a deductible employee business expense. Some of the more "flashy" and "loud" items, however, might not be acceptable ordinary wear. Although the receipts do not indicate which items fall into that category, we allow petitioner a $200 deduction for stage clothes

Rod Stewart’s a hard taskmaster

Petitioner* explained that Stewart had several rules (such as not being late for a bus) which, if violated, required the "guilty" person to pick up the restaurant tab for the entire band. These may or may not be Stewart's rules, but we know of no authority to support a finding that such activities constitute ordinary and necessary expenditures

“There, the drunken defendant, apparently angered by noise emanating from an electric piano at the hotel where he was staying, ran into the room and fired five shots into the assembled crowd, killing a man. In affirming the judgment, the court opined, "The deliberate and unnecessary discharging of a gun into a multitude of people, with an utter disregard of the consequences of the act, whereby human life is destroyed, is murder, and malice will be implied, although the perpetrator of the act had no malice against any particular person of the multitudeinto which he so fired. " (Id. at pp. 114-115, 137 P. 271, italics added.)
FN32. I assume the "electric piano" was what I would call a player piano. Thus, I am led to believe the defendant did not shoot the piano player.”

On October 18, 1973 plaintiffs went to Pat O'Brien's Bar in the New Orleans French Quarter and seated themselves in the piano lounge with two other persons. Mr. Lawrence then discovered a bag of green peppers on the floor under his table. Perhaps because of the alcohol Mr. Lawrence *804 imbibed, and perhaps in part brought about by the normal unrestrained atmosphere of Pat O'Brien's Bar, Mr. Lawrence began to throw the green peppers in the air, his primary target being the piano player performing at the time. Plaintiff threw a handful of peppers in an upward direction, and one struck defendant Moore in the eye.
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“When Charles Dickens wrote in Oliver Twist that "The law is an ass, an idiot(.)", he was describing the law in general as it stood in Victorian England. Alas, his words still resonate today. One need only peruse the short list of illegal activity that follows it to confirm that fact:
{ 20} in Arizona adults may not have more than one missing tooth visible when smiling
{ 21} one cannot shower naked in Florida
{ 22} a man with a moustache cannot kiss a woman in public in Iowa
{ 23} a woman may not buy a hat without her husband's permission in Kentucky
{ 24} in Massachusetts mourners at a wake cannot eat more than three sandwiches
{ 25} one-armed piano players must play for free in Iowa
{ 26} in Nebraska barbers cannot eat onions between 7 a.m. and 7 p.m.”
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an unlikely offence……..



Barnes was sitting in his brand new car in his own driveway in his own yard listening to car music. The neighbors complained and the police came. If he had been charged with "disturbing the peace" or simply told, sensibly, to turn down the music, we wouldn't even have this case in front of us. Barnes was not convicted of drunken driving. Barnes was convicted of "drunken listening to music in his own car, in his own driveway, in his own yard.")If he had not had the misfortune to be playing the Rolling Stones rather than Mantovani or Neil Diamond, he would still have his $40,000 vehicle. This is not facetious. These are the true facts of record.
On these facts, forfeiting a $40,000 vehicle is "off the wall" grossly disproportionate



Quite so

Martha, I'd be interested to know If you've researched the case where the Bee Gees were sued for stealing someone's song. It was one off the "Saturday Night Fever" album, and what I heard is that the melody was very close to some country guy's song. They wrote the note an a staff and showed the jury how close they were, and the Gibbs lost. What I heard was the judge threw out the case, citing that non-musicians were unqualified to make a judgement of this type. You heard anything?

Yes the case was initially won but the Beegees won on appeal.. here are some extracts from the judgement. They used an expert witness but you have tot prove that the only reason for the similarity must be copying.....

Selle v. Gibb
741 F.2d 896
C.A.Ill.,1984.
Decided July 23, 1984. (Approx. 13 pages)



The complaining composer’s song

Selle composed his song, "Let It End," in one day in the fall of 1975 and obtained a copyright for it on November 17, 1975. He played his song with his small band two or three times in the Chicago area and sent a tape and lead sheet of the music to eleven music recording and publishing companies. Eight of the companies returned the materials to Selle; three did not respond. This was the extent of the public dissemination of Selle's song


Evidence about how they wrote “How deep is your love”

Dick Ashby, and two musicians, Albhy Galuten and Blue Weaver, who were on the Bee Gees' staff at the time "How Deep Is Your Love" was composed. These witnesses described in detail how, in January 1977, the Bee Gees and several members of their staff went to a recording studio in the Chateau d'Herouville about 25 miles northwest of Paris. There the group composed at least six new songs and mixed a live album. Barry Gibb's testimony included a detailed explanation of a work tape which was introduced into evidence and played in court. This tape preserves the actual process of creation during which the brothers, and particularly Barry, created the tune of the accused song while Weaver, a keyboard player, played the tune which was hummed or sung by the brothers. Although the tape does not seem to preserve the very beginning of the process of creation, it does depict the process by which ideas, notes, lyrics and bits of the tune were gradually put together.
Following completion of this work tape, a demo tape was made. The work tape, demo tape and a vocal-piano version taken from the demo tape are all in the key of E flat. Lead sheet music, dated March 6, 1977, is in the key of E. On March 7, 1977, a lead sheet of "How Deep Is Your Love" was filed for issuance of a United States copyright, and in November 1977, a piano-vocal arrangement was filed in the Copyright Office.


Expert evidence fs similarity

he only expert witness to testify at trial was Arrand Parsons, a professor of music at Northwestern University who has had extensive professional experience primarily in classical music. He has been a program annotator for the Chicago Symphony Orchestra and the New Orleans Symphony Orchestra and has authored works about musical theory. Prior to this case, however, he had never made a comparative analysis of two popular songs. Dr. Parsons testified on the basis of several charts comparing the musical notes of each song and a comparative recording prepared under his direction.
According to Dr. Parsons' testimony, the first eight bars of each song (Theme A) have twenty-four of thirty-four notes in plaintiff's composition and twenty- four of forty notes in defendants' composition which are identical in pitch and symmetrical position. Of thirty-five rhythmic impulses in plaintiff's composition and forty in defendants', thirty are identical. In the last four bars of both songs (Theme B), fourteen notes in each are identical in pitch, and eleven of the fourteen rhythmic impulses are identical. Both Theme A and Theme B appear in the same position in each song but with different intervening material.
Dr. Parsons testified that, in his opinion, "the two songs had such striking similarities that they could not have been written independent of one another." Tr. 202. He also testified that he did not know of two songs by different composers "that contain as many striking similarities" as do the two songs at issue here. However, on several occasions, he declined to say that the similarities could only have resulted from copying.

Similarity not enough they must show that the similarity precludes possibility of any explanation other than copying

we refer to a cassette tape, Plaintiff's Exhibit 27, and the accompanying chart, Plaintiff's Exhibit 26. These exhibits were prepared by the defendants but introduced into evidence by the plaintiff. The tape has recorded on it segments of both themes from both the Selle and the Gibb songs interspersed with segments of other compositions as diverse as "Footsteps," "From Me To You" (a Lennon- McCartney piece), Beethoven's 5th Symphony, "Funny Talk," "Play Down," and "I'd Like To Leave If I May" (the last two being earlier compositions by Barry Gibb). There are at least superficial similarities among these segments, when played on the same musical instrument, and the plaintiff failed to elicit any testimony from his expert witness about this exhibit which compared the Selle and the Gibb songs to other pieces of contemporary, popular music
that the plaintiff failed to sustain his burden of proof on the issue of "striking similarity" in its legal sense--that is, similarity which reasonably precludes the possibility of any explanation other than that of copying.


the plaintiff failed to prove to the requisite degree that the similarities identified by the expert witness-- although perhaps "striking" in a non-legal sense--were of a type which would eliminate any explanation of coincidence, independent creation or common source, including, in this case, the possibility of common source in earlier compositions created by the Bee Gees themselves or by others. In sum, the evidence of striking similarity is not sufficiently compelling to make the case when the proof of access must otherwise depend largely upon speculation and conjecture.
Therefore, because the plaintiff failed both to establish a basis from which the jury could reasonably infer that the Bee Gees had access to his song and to meet his burden of proving "striking similarity" between the two compositions, the grant by the district court of the defendants' motion for judgment notwithstanding the verdict is *906 affirmed

THE JUDGE AND THE MARIJUANA CIGARETTE BE CAREFUL AT ROLLING STONES CONCERTS.....

The Judicial Tenure Commission has filed a Decision and Recommendation for Order of Discipline. It is accompanied by a Waiver and Consent from the respondent judge, the Honorable Thomas S. Gilbert, who consents to the Commissions findings of fact and conclusions of law, and to the forth below.
6. Respondent admits that the following acts occurred:
A. On October 12, 2002, Respondent attended a Rolling Stones concert at Ford Field in Detroit, Michigan.
B. During the concert, an unknown individual passed a marijuana cigarette, which is a controlled substance under Michigan law, down the aisle in which Respondent was sitting.
C. Respondent took the marijuana cigarette, puffed it, and then passed it down the aisle.
D. The marijuana cigarette was then returned back down the aisle in the opposite direction, again passing Respondent, who puffed on the cigarette a second time, and passed it along.
E. On November 6, 2002, Respondent took a voluntary leave of absence.
F. On November 7, 2002, Respondent reported his conduct to the Judicial Tenure Commission.
G. Respondents actions were well-publicized in the press in western Michigan, received significant attention in the media around metropolitan Detroit, were referenced by national news services, and were the subject of a joke by comedian Jay Leno on The Tonight Show.
H. Respondent obtained a substance abuse evaluation by the State Bar of Michigan Lawyers and Judges Assistance Program, and subsequently completed an in-patient substance abuse treatment program at Hazelden Foundation in Center City, Minnesota, between November 17 and December 14, 2002.
I. Respondent further acknowledges that he used marijuana approximately twice per year, and that he has continued to do so since becoming a judge.
J. After successful completion of the in-patient substance abuse program, Respondent has continued treatment including attendance at Alcoholics Anonymous meetings, has consulted with others facing abuse problems to form a support network, and has entered into a Judicial Monitoring Participation Agreement with the State Bar Lawyers and Judges Assistance Program.
K.

Top gun.....
Beware of strange lady bass players......


"Appellant and other Air Force members played off-duty with a popular Cheyenne, Wyoming, club band called "Mr. Coffee and Grounds for Divorce."

Ms. G-P approached the appellant about joining his band as a bass player. Although she was indeed a musician, Ms. G-P was actually acting for the F.E. Warren AFOSI, who had recruited her as a drug informant."

A Judge who knows what he likes.....

“In this case appellant does not specifically raise constitutional issues but the elusiveness of terms such as "lewd," "immoral," or "improper" provides strong support for appellant's argument that the facts do not support the conclusions of "lewd, immoral, or improper entertainment." If the majority is going to apply private notions of moral beliefs then it is in order to observe that there are those whose private notions consider the selling and consumption of liquor as "lewd," "immoral," and "improper."
In addition, there is absolutely no basis for the conclusion that the entertainer violated the law by talking with other people present. There is no evidence of swindling or dishonesty. There is no evidence that those to whom the entertainer were talking were patrons; proof must be beyond a reasonable doubt. Moreover, the utter, absolute, and frustrating absurdity of the meaning given to the statute by the majority means that Frank Sinatra, Ella Fitzgerald, Elton John, Linda Ronstadt, and Gypsy Rose Lee could cause the closing of a nightclub by talking with patrons. Absolutely incredible! The legislature may pass such laws but we need not be a party to any game of statutory charades.
I should like to write more, but I need time to relax, I have an interesting essay to read about "Elvis the Pelvis" and his allegedly obscene gyrations, following which there is some interesting TV fare involving scantily clad females who reportedly (from TV previews) will be doing some interesting bumps and grinds not however supported by any liquor commercials which we all Know are "lewd, immoral and improper" (I may even have a beer while being so occupied).”
Pa., 1979.
Com., Liquor Control Bd. v. Ronnie's Lounge, Inc.
400 A.2d 1317, 485 Pa. 72
END OF DOCUMENT

Martha, thanks for explaining that. I had a friend that told me if you change every sixth note and the words of a song, you can't get sued. Mari and I did that with "Hey Jude" Using the same arrangement, I sang my parody, "Hey Food" and changed key notes and chords. No one that has heard it has not immediatlely recognised it as "Hey Jude". (Or a variation thereof)

Hi Rick

I have not heard that one before ... dont know where it originates from ...

Don't ya just love country music???

A fate worse than death

"Top 10 List: Frivolous Inmate Lawsuits Nationally." 141 Cong. Rec. S14611-01, *S14629 (daily ed. Sept. 29, 1995). This list references cases filed by inmates based on the imates being served melted ice cream, being forced to listen to country and western music...."


"Although the perfect country and western song has been described as including drinking, mother, prisons, trains, and trucks, this Court can add to that list, without reservation, smoking, gambling, loving, and telling dirty jokes".....



Could it be true?..

“Dr. Hurley stated that plaintiff exhibited loose associations, had delusions of persecution, had an "elaborate delusional system of how government employees through the media, government agents and country western singers have spent vast amounts of money to keep track of him and how they have ruined his life."

Let's hear it for the rule of law


"To give just one example, Mr. Landers could not authorize his daughter (if she were five years old, for instance) to make nightly visits to a bar so she could listen to jazz music if, under state law, entry was to be denied all individuals under the age of eighteen. This is so even if Mr. Landers were completely and sincerely convinced that nocturnal jazz was essential to the development and cultural enrichment of his five year old."

Those Lithuanian trombone players are awful!

"He  made it with cigarette and hatcheck girls, hostesses and twenty-five-cent-a-dance girls from the ballrooms of 43rd and Eighth. He made it with three of the musicians who played with Glorious Gloria Parker and Her All-Girl Rumba Orchestra, among them a Lithuanian trombone player named Gertie, whom he made love to against a wall of flour sacks in the storage room of the Pan-American Club in the Bronx."...

A slack approach to personal finance!


"So far as Mr Satterfield is concerned, I intend no criticism whatever of him when I describe him as having a somewhat relaxed and philosophical attitude to life in general, and in particular to financial and administrative matters. Like Mr Davis, Mr Satterfield accepted that there is nothing to prevent him continuing to earn his living as a musician, but, as he put it disarmingly in cross-examination, he earns money when he feels like it

I have no money left from my earnings. My lifestyle is hard to explain; you would not believe it. When I got the money in I spent it rather than saved it.

"In general, whilst it would plainly not be accurate to describe the defendants as having been careful with their money, I am satisfied that in gauging how much they could spend from time to time they had regard to their current cash resources, the principal source of which (at least in the first two years after the release of the Live Album) was their royalty income.

Given that the approach of the defendants to their respective financial affairs was, essentially, to gear their outgoings to their income from time to time (usually, it would seem, spending somewhat more than they received

Those were the days.....The summer of 69

"The 1960's, especially the late 1960's, were as Mr Milmo QC for the defendants charmingly described those distant days, 'a time of great informality among youth'. It was an informality which the band embraced. Mr Pritchard referred to the band's lifestyle as 'free and easy' and to those times as an era of experimentation. Olwyn Lees, as the first defendant's girlfriend later became, said that 'we were all somewhat "hippy" which really meant flared trousers, long hair and so forth.' The defendants, living in penurious circumstances in the village of Diggle on the edge of Saddleworth Moor, appear to have lived for their music, building up and rehearsing a growing repertoire of songs, going from time to time to gigs to earn a pound or two, and repairing to theHanging Gate in their free moments

It was into this rather singular world that the plaintiff stepped sometime in the summer of 1969. He was in many respects of an altogether *314 different nature from the defendants. From a well-to-do background with a family home in South Devon, he had been privately educated and had trained at the Royal Academy of Music and at the Royal College of Music where for a while he had harboured hopes of becoming a concert pianist. He then dropped out and espoused a hippy lifestyle. Where the defendants were, as their evidence before me showed, diffident in manner and speech he, by contrast, was, as he readily confessed, articulate, 'pushy' and a bit of a braggart. The defendants, I judge, were somewhat in awe of him with his classical music background, talent at the piano and organ, ability to read sheet music (which the defendants, with the possible exception of Stuart Wolstenholme, could not) and smart southern accent. Mrs Lees described him as an 'imposing and flamboyant character who stood out locally' and said that she regarded him as a 'crazy London hippy'."

Long Hair-  progressive rock and all that... a another classic law suit from the 60's.........


*143 IRVING R. KAUFMAN, Circuit Judge:
As in a number of recent cases, we are confronted with the vexatious problem of delineating the proper bounds for judicial review of military decisions affecting persons in the Armed Forces Reserves. Here our task is further complicated because we are asked to decide a question that has been troublesome from the days of Samson to Sergeant Elvis Presley-- when is a soldier's hair too long? Thomas C. Smith appeals from a decision rendered October 9, 1968, by Judge Curtin of the Western District of New York, which denied, after a hearing, his petition for habeas corpus.
Smith voluntarily enlisted in the 464th Quartermaster Company, Erie, Pennsylvania, of the United States Army Reserve (hereinafter the Erie Unit) on February 18, 1964, and satisfactorily served the required four and a half months active duty beginning in April 1964. Upon his return to Erie, Smith, his musical acumen and timing evidently sharpened by months of marching in cadence, decided to play the electric guitar on a part time basis as a member of a local musical group calling itself 'The Fugitives.' To conform to the Fugitives' requirements Smith permitted his hair to grow somewhat longer than those at the more ancient end of the generation gap considered 'normal.' In addition, Smith was training as an X-ray technician.
After earning his certificate as a technician, Smith and his wife moved to Jamestown, New York in September, 1967. He then decided to devote all his time and talent to music. By November, 1967 he became associated on a full time basis with a Jamestown group calling itself the 'Laffin Giraffe.' The Laffin Giraffe performed in a style it termed 'progessive rock,' one of the hallmarks of which, the testimony reveals, is the long hair of its performers. Accordingly, Smith decided that his hair would have to be attuned to the style of the music he was playing, and thus he permitted his hair to grow on and on.
Shortly after his arrival in Jamestown, Smith sought a transfer to the Jamestown Army Reserve unit (A Company Second Battalion, 98th Regiment (hereinafter the Jamestown Unit)). He initiated this process by inquiring on the telephone of the unit's commander, Captain Vandenburg, if there was a place in the unit for him. During the conversation Smith also informed Vandenburg that he was a musician and wore his hair long. In October 1967, Smith appeared in person at the unit's headquarters to sign the required transfer papers and again raised the subject of his now flowing locks with the unit's civilian employee, Mr. Sampson.
Since the validity of Smith's five 'unsatisfactory' ratings for attendance at regular meetings seems to be questioned, it is appropriate that we briefly set forth the facts in this regard. Smith appeared at his first reserve meeting with the Jamestown Unit on January 22, 1968. When Capt. Vandenburg sighted Smith's hair for the first time, he promptly informed him that his appearance was not satisfactory. At the same time he presented Smith with a copy of the Army's Weekly Bulletin 42, dated Oct. 20, 1967 *144 (hereinafter Bulletin 42), which, inter alia, permitted a reservist to wear his hair long if it was necessary to his occupation. Vandenburg informed Smith that a letter from the manager of his group would be sufficient proof of occupational necessity. In any event, because of derisive comments about his hair from other members of the unit, Smith decided to leave before the regular periodic training meeting was officially terminated. Accordingly his performance was marked unsatisfactory and he did not receive credit for attending the meeting.
FN1. His hair at this time was approaching shoulder length. And we note that it was agreed at the hearing before Judge Curtin that at all times Smith's hair was clean and neatly combed


to be continued.......

"
. WEARING OF BEARDS, LONG HAIR OR MOUSTACHES BY RESERVISTS.

(a) References:

(1) Para. 31, AR 600-20

(2) Para. 34c, AR 140-1

(b) Cited references provide the following:

(1) Unit commanders have the authority to order individuals to remove, cut short, or trim, the items in question so that individuals will present a neat and soldierly appearance.

(2) Unit commanders have the authority to deny an individual credit for attendance at a drill if the individual does not present a neat and soldierly appearance.

(c) Individuals have the right to retain long hair, a beard or moustache if these items do, in fact, contribute to the individual's civilian livelihood. However, this must be proved by the individual concerned, and made a part of his record. If it is established that the individual's livelihood warrants long hair, a beard, or moustache, the unit commander
has the right to insist that they be maintained in a neat manner.

(d) Discretion and moderation in issuing orders to remove beards should be exercised by the unit commanders, and each case will be considered and evaluated individually as it is presented. AHCAIG/645.


Smith did not attend his regularly scheduled second unit meeting because weather and transportation problems left him stranded in Detroit after a performance by the Laffin Giraffe. Mrs. Smith, however, notified Captain Vandenburg of this and he agreed to mark this absence as 'excused.' Smith failed to make up this absence as required by regulations, and it appears that because this meeting was considered 'special' he was given two unsatisfactory performance marks.
FN3. Smith asserts he never received written notice of the need to make up this absence. But Vandenburg orally informed Mrs. Smith of this requirement. It would appear therefore, that the claimed lack of written notice would not be prejudicial, even if it did depart from strict Army regulations.


At the third meeting Smith presented to Mr. Sampson a letter from Scott Saylor, the personal manager of the Laffin Giraffe aggregation, stating that Smith's job required his hair to be worn long because 'the hair collectively represents the style of the group and portrays an image to the public.' Despite this letter, Captain Vandenburg ordered Smith to go home and have his hair cut, informing him that he must either do so or leave the program. This occasion was marked as Smith's fourth unsatisfactory performance.
FN4. To insure his order was carried out, Capt. Vandenburg sent a sergeant out with Smith to see that he found his way to a barber. Because this occurred on a Sunday, no barber was available and Smith's hair won a reprieve.

FN5. At this meeting Smith also wore the wrong type of shoes. However, at the hearing before Judge Curtin, Capt. Vandenburg made it clear that the actual basis for Smith's unsatisfactory mark was his long hair."...

to be continurd........

Hi Philbo

What a chancer!  did he win????

I just love the total incongruity between the rather silly factsvand the extremely pompous legal discourse/language of the judiciary

Dolly parton I presume…..


“Furthermore, Cindy Hill, a nurse in cardiographics, testified that the country music entertainer reference made by Dr. Bernard was made to illustrate the problems encountered with distortion in the images in mammography with women with large breasts.”

Smith's hair

   Bulletin 42 clearly vests in the commanding officer of each unit the discretion to decide if long hair does in fact contribute to the reservist's civilian livelihood for it states that this fact 'must be proved by the individual concerned' and that 'each case will be considered and evaluated individually as it is presented.' Further, the decision as to what constitutes the correct appearance of reservists is, absent extraordinary circumstances not present here, within the jurisdiction of the Army. Accordingly, we decline to review the validity of Captain Vandenburg's decision that Smith must cut his hair to get credit for attendance at drills. Schonbrun

Thank goodness for turtle neck sweaters


"The City is concerned about suggestive dancing that threatens morality and decency and leads to prostitution, drunkenness, and brawling. Fine. Let the City license those engaged in these problematic forms of dance. But licensing ballerinas, square dancers, folk dancers, and dancers in "turtle neck sweater and longer pants" bears not even a remote relationship to the City's war on moral decadence."

They don't do this in turtle neck sweaters ..........

...."Slam dancing" is a form of dance in which participants, typically male, hurl themselves forcefully and repeatedly into one another. It is essentially a consensual contact sport with few clear- cut rules, and no designated referees. When it occurs at bars, as it did in this case, many of the participants and onlookers may be under the influence of alcohol. Slam dancing is usually performed to heavy metal or punk rock music, which has a hard rhythm and often aggressive lyrics."

..The Rod Stewart Concert defence (no 1)



"On June 22, 1996, the New Orleans Police Department ("NOPD") terminated Police Officer Gary Guggenheim (" Appellant") for testing positive for marijuana metabolites after he was randomly selected to be screened by the NOPD. Prior to the termination, the NOPD had disciplined Appellant only once before, a one-day suspension, in his fifteen years on the job. Appellant had never exhibited signs of using drugs on the job.
Appellant explained to the NOPD in his Public Integrity Division statement and at his Civil Service hearing that the reason he tested positive for marijuana was because he had attended a Rod Stewart concert at the Lakefront Arena and he **2 could smell marijuana in the vicinity. Thus, he alleged the passively inhaled smoke caused the drug test to indicate a positive reading."

No 2


"Defendant testified that while hitchhiking from Atlanta to Chattanooga, Tennessee to attend a concert at which a 'Rod Stewart' was a featured performer, he was given a ride in this van which was operated by an unknown third party who fled when the van was stopped by the police.."

A fiendish plot.....



......The article, "When the Voice of America ignores its charter--An insider reports on a pattern of abuses," attacked VOA over a range of issues, from allegations that it communicated "coded signals" to Solidarity activists (by playing a song from a Rod Stewart album)......

Exuberant variations....more judges on the vexed question of dancing......


"Congress was hardly confining the statute to encompass only the more staid or sedate forms of ballroom dancing. From Elvis Presley to Chubby Checker to the more violent gyrations of recent year, the activities in question, if performed in time to music, can properly be termed 'dancing' within the meaning of the statute. Indeed, since 1961 and 1962, we have seen even more exotic and exuberant variations of the basic pelvic movements that gained popularity then, including dances called the frug, the hully-gully, the swim, the watusi and many others. I have no doubt that those, as well as the milder twist, could all be properly termed dancing, just as in earlier years the Charleston, the Lindy, the Big Apple, the shag and jitter bugging were certainly dancing.
So, after hearing all of the evidence, this Court finds that doing the twist is in fact dancing within the meaning of Title 26, United States Code, Section 4232(b). Even though the space occupied by a twister or by two twisters would not encompass the area of other types of dancing, it is quite clear to the Court that the body motions involved do amount to dancing when performed in time to music from a jukebox.
The next and principal issue in this case is whether at Phil Burke's Tavern between June 19, 1961 and December 31, 1962, the patrons regularly danced the twist to the jukebox which was then and there located in this bar. If such dancing was occasional, infrequent or sporadic, then quite clearly Plaintiff would not be subject to the cabaret tax. Indeed, there is no dispute in this case that on occasion patrons did do the twist at Phil Burke's. The issue is whether this dancing was done regularly and frequently during the period in question, or whether it was occasional, infrequent and sporadic and whether if such dancing did commence, it was promptly stopped by the management."

Oh those awful Jackson Browne supporters!!!


"A videotape of the council meetings presents substantial evidence that Richman acted in bad faith; for example, (1) Richman alleged that two of the proposed groups would have the negative consequence of attracting homosexuals to the community; (2) Richman claimed that Jackson Browne would attract "antinuclear demonstrators" and "dopers;" and (3) Richman moved to pass a resolution to disapprove all of the proposed concerts, including those whose police reports contained no negative comments, because of their "potential for creating a public nuisance." Moreover, Councilman Richman also solicited church leaders in the community to oppose the rock concerts, and circulated a petition calling for an end to the rock concerts in the Starlight Bowl. In a letter to a constituent, Richman stated: "I shall continue to oppose the commercialization of our Starlight Bowl for the purpose of finding a home for the misfits of Los Angeles."

Shenanigans at the hospital.....

“Despite these statements in support of plaintiff, there were even more statements providing graphic accounts of plaintiff's alleged shenanigans at the Hospital. Indeed, a copious inspection of the report leads one to
conclude that either plaintiff possessed a libido unparalleled since Casanova de Seingelt or else the Housekeeping Department united to form one of the most massive conspiracies ever recorded in the Roanoke Valley Even Mr. Burgess Bailey, the hospital painter who describes himself as a "minister for the Church of God," reported that plaintiff once asked him to " 'paint Dolly Parton's breast' on one section of the office."

So that explains it…….

“While she admittedly did not walk into court whistling Loretta Lynn tunes, she had spent over 30 years as an editor”…………….

more fiendish plots...

“Although the cardboard box covered with packing tape contained four to six sticks of dynamite, Gullett explained to Lonnie Hensley that the smaller box contained an inflatable doll having the body of Dolly Parton and the head of Ronald Reagan, and that the tape had been partially cut so that as the doll inflated, it could pop out of the box. Gullett further explained to Lonnie Hensley that the two wires, when connected to an automotive battery, would cause the doll to inflate and pop from the box. "U.S. v. Gullett

......“which he testified he made for his personal use, including living expenses, or more generally, for "ex, drugs, and rock and roll.”.....

..... I can dig that.....



“he went into this spiel about drugs, sex and rock 'n roll, and then he said that * * * he could live without the drugs or the sex but he couldn't give up rock 'n roll." Although Marsala characterized these last statements made by defendant as "bizarre,"

..... I can dig that.....



“he went into this spiel about drugs, sex and rock 'n roll, and then he said that * * * he could live without the drugs or the sex but he couldn't give up rock 'n roll." Although Marsala characterized these last statements made by defendant as "bizarre,"

Quite right

cruel and unusual punishment?
.

...."On the present record, the only incident which comes close to any kind of personal mistreatment is the above-mentioned event in which American troops blasted the Papal Nunciature in Panama City with loud rock-
and-roll music in an apparent effort to drive Noriega out. While there are those who might consider continued exposure to such music an Eighth Amendment violation, it is the opinion of the Court that such action does not rise to the level of egregious misconduct sufficient to constitute a due process violation....."

An Honest Judge

“I have played the tape which contains the two musical compositions and although I do not know the difference between be-bop, hip-hop, and rock and roll, the tunes all sound the same to me. This may be because I have no ear for music other than reflecting my generation's preference for the more soothing rhythms of Glen Miller and Wayne King or the sophisticated beat of Woody Herman playing the Wood Chopper's Ball.”

so wicked.....


“You sinners love your sins. You love to drink booze. You love to smoke dope. You love to listen to rock and roll music. You love country music and you're wicked wicked wicked wicked. Repent. Repent. Repent.”

.... ooh that is so unfair....


Dirty tricks or what

*1 Defendant, Stephen Corbin Roth, appeals the judgment of conviction entered upon a jury verdict finding him guilty of unlawful possession of drug paraphernalia. He challenges the trial court's pretrial ruling denying his motion to suppress evidence obtained as the result of an allegedly unlawful search of his car. We affirm.
After a hearing on defendant's motion to suppress, the trial court found the following. Police officers, acting with the intent to interdict persons transporting drugs to a music festival, posted large signs on a road stating "Narcotics Checkpoint, One Mile Ahead" and "Narcotics Canine Ahead." The signs were part of an elaborate ruse because there was no checkpoint or other impediment to the free flow of traffic. The purpose of the signs was to allow police officers, dressed in camouflage clothing and hidden on a nearby hill, to monitor the reactions of persons traveling past the signs.
One of the officers watching the section of road near the signs (the first officer) testified that he saw a passenger in defendant's car toss a small item out of the window onto the side of the road. The officer radioed another police officer farther down the road, provided him with a description of defendant's car, and described the littering violation committed by the passenger.
A police officer stationed farther down the road (the second officer) flagged defendant down and directed him to pull into a campground area. The second officer informed defendant that he had been stopped because his passenger had been seen throwing an object from the car. Defendant told the officer the passenger had discarded a beverage can. The officer asked defendant for his license and registration which defendant provided.
Approximately one minute later, the first officer radioed the second officer and informed him he had retrieved the item the passenger had thrown from defendant's car, and it was a pipe containing residue suspected to be marijuana.
The second officer asked for permission to search defendant's car, but defendant refused. Nevertheless, the officer searched the car and discovered a marijuana pipe and some psilocybin mushrooms. When defendant asked the officer to retrieve an item from his backpack, the officer searched the backpack and discovered another marijuana pipe.
The trial court found that the police officers who testified were credible and denied defendant's motion. At trial, defendant was acquitted of the unlawful possession of mushroom"

GUESS WHAT THIS LAWSUIT WAS ABOUT

"The skit in question is a two-minute slapstick routine in which the putative Barney dances, hops, skips, waves, hugs, blows kisses, and is flipped, slapped, stood upon, tackled, wrestled, and otherwise subjected to aggressive physical conduct by the Chicken. The skit begins with a rap-style piece of dance music played during an intermission. The Chicken takes the field with some disco steps. About 30 seconds into the dance, the putative Barney emerges onto the field from the opposite direction, prancing gingerly toward the Chicken as the real Barney would walk. The Chicken is so absorbed by his own disco dancing that he is oblivious to the emerging Barney and to the booing and derision with which many fans greet the putative Barney. *951 Soon the two characters are dancing side-by-side. The Chicken abruptly stops his movements when he notices the putative Barney, who keeps dancing beside him. The Chicken gestures to the putative Barney to stop dancing, which he does, and the Chicken slaps the putative Barney across the snout and begins to dance, as if to demonstrate how such dancing is properly done. The Chicken signals to the putative Barney to dance the same way. Instead, the putative Barney again reverts to his characteristic fairylike dancing. In a highly exaggerated fashion, the Chicken slaps the putative Barney once again, gesturing to him to focus on the proper dance moves, which the Chicken again demonstrates for him. This time the putative Barney understands how to dance and outperforms the Chicken's dance moves with a series of highly athletic, disco-dance moves, complete with hand springs, flying splits, and hip gyrations (unlike anything the real Barney would do). The Chicken is stunned and the putative Barney ends the dance in a self- satisfied, standstill pose common of modern rap musicians. The Chicken falls to his knees and bows several times at the putative Barney's feet, kissing them in submission while the putative Barney gloats, taunts his rival, and gestures to the crowd for more applause. The Chicken then rises and offers to hug his companion, but the putative Barney pushes the Chicken to the ground and skips away. The Chicken chases after the putative Barney, jumps through the air and sacks him like a quarterback. He then pins the putative Barney as a wrestler would and stands over him flexing his wings in a body-builder pose. The Chicken then assists the putative Barney to his feet, helps brush the dirt off of him, and the two begin to walk off the field arm in arm as friends. However, when they reach an obstacle, such as a dugout railing, the Chicken sends the unsuspecting putative Barney for a flip over the railing. Giannoulas designed the sketch to parody a number of characteristics of Barney, including his naive, sappy, and corny personality, his general physical awkwardness, and his simplistic, childish body movements. By placing the putative Barney character in an ego-driven, urban-style rap dance competition and wrestling match, he portrays the character in an original and unexpected light. The Chicken juxtaposes Barney's usual innocence and civility with competitiveness, physical aggression, and rap-singer-inspired hip behavior. Giannoulas intended the parody as a humorous comment on the sheer pervasiveness of Barney. ."......

are you following this????

“Lawrence turned her from a brown haired, brown eyed, shy, Christian, suburban teenager into a lynx. He told her to dye her hair blond, which she did. He told her to make her brown eyes blue, which she did with tinted contact lenses. He told her to ditch the frumpy suburban teenage wardrobe and get something tight and short, which she did. She became Rural Barbie, with an attitude. This 19 year old lumberyard laborer, with the Adonis looks and the Svengali mind, dominated and controlled her every move. They had a sexual relationship, but she didn't like it much because he was cruel and rough. In fact, she didn't like it much for over two years.
In the early summer of 1991, Lisa Michelle, known now only as "Michelle," began to look for a way out of the relationship. She was tired of being a blond haired, blue eyed wearer of tight clothes just to please this galoot. She broke up with Lawrence, but they continued to live together and to sleep in the same bed. She even saw another man, but this was when Lawrence was sleeping, exhausted from a day of boorish behavior. While Lawrence slept, Michelle crept out of the bedroom to the outside where she encountered Allen Rudolph, her new friend. She and Allen played midnight basketball. Then Allen would pull her in the window of his house where they would sit on the floor in his bedroom, listen to rock and roll, laugh and, of course, have sex. Then she would, by the light of the early dawn, creep back into Lawrence's bed.
Lawrence found out about this and came to the swimming pool where she was sunning herself in a bikini, although she really didn't like wearing small tight clothes. Lawrence threw all of her clothes out of the van, all over the swimming pool and screamed at her for four or five hours. This caught the attention, and the affection, of Michael Pawlikowski, a life guard at the pool. He became romantically, but not sexually, involved with Michelle through the rest of the summer.
*35 On June 17, 1991, around the time when Michelle had broken up with Lawrence but was still sleeping with him, was sleeping with Allen but not dating him, and was inadvertently catching the eye of Mike the life guard, she was gang raped by three police officers. As she lounged at twilight in her living room in her bikini after a day of sunbathing,”

lets here it for the drummer..

....."Further, whilst there was some debate about it in Court, I also have no doubt that in principle a drummer may claim copyright in a piece of music if, as here, he had collaborated with the other members of the group to produce an original piece of music. Whilst the player of tuned percussion might be more readily recognisable as a contributor to a musical composition than a drummer, in my judgment it would be a misinterpretation of the drummer's contribution to composition in contemporary music, whether pop or otherwise, to reject his contribution in principle. I listened to some of the tapes produced in Court and I am in no doubt about the significance of the drum part to the whole of the work. The work is given shape and drive by the drummer and a good drummer, as I accept the plaintiff is, can significantly influence the whole composition. In fact, the plaintiff has composed songs and is the copyright owner of them"

copyright those chord changes..

 The Ellington Estate has argued, in effect, that harmony can never be the subject of copyright, contending that "harmony is in the common musical vocabulary; only the melody and structure are distinctively original." Ellington Memo. at 8. Harmony, it is claimed, "results only from the formulaic application of centuries-old compositional rules" such as the use of secondary dominants. Ellington Reply Memo. at 8. The Court is not convinced that harmony is unprotectable as a matter of law. While we agree that melody generally implies a limited range of chords which can accompany it, a composer may exercise creativity in selecting among these chords. As Strayhorn's expert notes, the choice of chords influences "the mood, feel and sound of a piece." Cass Aff. at 6. Creating a harmony may, but need not, be merely a mechanical by-product of melody. A composer may chose to respond to the tension created by a dissonance by resolving it to a consonance in accordance with "pre-established rules that have been accepted since the 17th century" and that have formed "the basis of ... Western music" Finell Aff. at 5 & 7. However, in contemporary music, and particularly in the jazz music genre, musicians frequently move beyond traditional rules to create a range of dissonant and innovative sounds. Even the expert for the Ellington Estate notes that "Ellington adds a jazz flavor to his chords, and sometimes departs from classic secondary dominants" Finell Aff. at 8.
The choice of one particular harmonic relationship, such as the selection of secondary dominants in Satin Doll, could be considered a creative choice

Contemporary culture trivia quiz 1

Why were these objects banned.??.

Pursuant to a plea agreement, Barbeque pled guilty to the charge and agreed, inter alia, that it, the Brunets, "and any other corporation or business that these two individuals are associated with" would
take all reasonable steps to prohibit the introduction of infant pacifiers or any objects in the shape of a pacifier, objects that glow, including but not limited to glow sticks and flashing rings, vapor rub products and vapor inhalers, dust masks or masks of any description by any person entering a concert or an event where an admission is charged or at the State Palace Theater.
.............

well that clears up that point then....

.....Although this Court does not hold itself as a music industry expert and most of what it knows on the subject was gleaned from the testimony of the witnesses at the hearing on plaintiffs' application, it appears that there are at least three variations of what is referred to as "rap" music. The first is traditional "rap" which encompasses primarily lyrical rhyming with a secondary emphasis on a musical background. The second variation is "hip-hop" which focuses primarily on the musical component of songs which are up-beat and have a high tempo and rhythm. The third variation, which is the subject of the music at issue in the case at bar, is "gangster rap." This form of rap music combines the high tempo music of "hip-hop" with the lyrical rhyming of rap and appears to focus on themes which may be associated with gang cultures and might include the use of profanity, depictions of violence, and/or anti-law enforcement messages

further evidence of inappropriate attitudes towards financial matters ......
.

...In my view there was a wilful refusal by Mr Nelson to involve himself in his *333 financial affairs. He deliberately ignored advice both from Mr Rye and Mr Thomas to get round the table to see how the figures worked out. I find as a fact that he declined to attend two meetings with Mr Rye and Mr Thomas for no good reason. He was happy to drive his Rolls-Royce, live in a mansion and take far more out of Happytronics than could be justified on the basis of its receipts but he did not want to know the details of how the sums added up--or failed to add up. He rejected all advice. He was not interested in the account as between him and Mr Rye. He knew or suspected that working out any of the figures would merely confirm that he was living beyond his means. This was something which he preferred to ignore. He would leave his manager and Mr Thomas to sort out the problems. His only concerns arose when Mr Rye sought to put a brake on his wages. I accept that then he would demand to know why he could not have more and, from time to time, asked to see the figures. But this was simply part and parcel of trying to place the blame for his financial problems on others and, in particular, Mr Rye. During the 10 years of the relationship, Mr Nelson did not want an account and that was apparent to Mr Rye. He wanted to complain about lack of funds but he was not interested in any explanation which would support Mr Rye's constant warning that he was living beyond his means. In particular he did not want to see it in black and white. Mr Thomas told Mr Rye that he wanted

Indeed I accept Mr Rye's evidence that Mr Nelson made it clear to him that his primary duty was to pass money to Mr Nelson and that if that involved deferring or declining payment to others, so be it.

Muddy Waters defeats Miss Stratchborneo and we discover what a Mojo is.......
...
""Defendants Arc Music Corporation ("Arc") and Dare Music, Inc. ("Dare") are New York corporations. Defendant McKinley Morganfield is a citizen of Illinois, who has performed professionally as a singer and musician in this District and throughout the country under his professional name, "Muddy Waters"

An understanding of this litigation requires first that we define "MOJO". MOJO is a collective noun used to describe one or more talismanic objects believed to have power intrinsic to their nature, and believed able to impart power, or ward off evil or misfortune by being worn close to the body of, or possessed by, the person to whom the MOJO appertains. A simple example of MOJO would be a rabbit's foot. Other examples of MOJO, mentioned from time to time in the trial record, include such amulets as black cat bones, shrunken heads, lodestones, half dollar with seeds, four leaf clover, ashes, blacksnake skin, strands of hair and teeth. MOJO is often worn around the neck in a leather bag or carried on the person. MOJO may, in a pastoral society, be taken into the fields with the cattle.
Reliance on and belief in MOJO naturally leads to the conversational gambit, "Have you got your MOJO working?", or "I've got my MOJO working." A person approaching a crisis, such as an examination at school, would be sure to have his MOJO with him, and working.
Use of MOJO and reference to it in conversation and reliance on it, has been found generally among black people in the rural South. Although the expression "voodoo" has been used in the trial record, MOJO is different from voodoo.
FN1. Voodoo, which evolved in Haiti, a former French possession, takes its name from the French "vaudois", practitioners of the Waldensian (Christian) heresy which arose in France circa 1170, and endured in remote areas of the Piedmont well into the 19th century. Animatism, or the attribution of soul-like qualities to objects and things, which is what MOJO is, is part of the religious heritage of all races.


MOJO is a commonplace part of the rhetoric of the culture of a substantial portion of the American people. As a figure of speech, the concept of having, or not having, one's MOJO working is not something in which any one person could assert originality, or establish a proprietary right. See infra, p. 1404, et seq.
The expressions MOJO and "I've got my MOJO working", also have a lewd secondary or slang meaning. That double entendre will be most apparent in the lyrics of some of the musical compositions hereinafter referred to, particularly those of Bill Cosby (Ex. N) and Jimmy Smith (Ex. 10). .

Plaintiff's Background
Miss Stratchborneo, plaintiff herein, was 32 years of age at the time of trial. Since 1959 she has been engaged under the trade name of Cepha Publishing Co., in publishing sheet music recordings and verse, arrangements, words and music for songs of the sort commonly described as "Pop Rock", in that portion of the music field called "Rhythm & Blues", or sometimes, just "R&B".
Prior to 1959, she worked as a singer and musician, performing in clubs, military installations, hospitals, prisons and other places, and was also employed during 1957 and 1958 by a record company.
She is a vocalist and dancer, has done some acting and recording and prior to 1959 assisted at a record publishing company, in teaching, vocalizing, choreography and selecting R&B tunes for release.
She has written so-called "lead sheets", whereby popular songs are merchandised, and whereby applications for copyright are made. She owns various record labels, including Tide, Edit and Colbert.
*1397 Miss Stratchborneo stated that she had been familiar with MOJO during all her life, that in Borneo today, MOJO is used to the greatest extent, "where people will have MOJO in their fields .. where their cattle is, for their babies", (tr. p. 8).

Conclusion
I find that plaintiff is the owner of a valid copyright, originally issued to Bright in 1960, and duly assigned to her, covering the words and music of "MOJO WORKOUT," a dance, as performed by Bright on a recording, Ex. 6, and also as set forth in a 1960 lead sheet filed in the Copyright Office, and a further copyright for additional words and music filed in 1966 (No. EU 969465), and that such work is an original composition of words and music, made by Miss Stratchborneo, Miss Sapp a/k/a De Pores and Mrs. Fulmer, which does not infringe any rights of defendants.
I find that defendant Dare is the owner of a valid copyright originally issued to Foster on October 29, 1956 (No. EU 462214) and duly assigned to Dare, covering the words and music of "GOT MY MOJO WORKING," as set forth in a 1956 lead sheet filed in the Copyright Office and on the demonstration record, Ex. 6, and that such work is an original musical composition of words and music made by Preston Foster, which does not infringe any rights of plaintiff.
I find no unfair competition, or "passing off" by any party to this litigation, of its or her musical property as that of the other.
The Court adjudges that all relief shall be denied, and that no party recover costs. The Clerk shall enter judgment as required by Rule 58, F.R.Civ.P. The foregoing constitutes findings of fact and conclusions of law as required by Rule 52, F.R.Civ.P.
D.C.N.Y., 1973.
Stratchborneo v. Arc Music Corp.
357 F.Supp. 1393, 179 U.S.P.Q. 403
END OF DOCUMENT""

.another outburst of temperament from Ray Davies.........



.......In the early part of 1965 it was proposed that The Kinks should undertake a tour of the United States of America. They were advised that such a tour was immensely important to them, the American market being far the biggest outlet both for performances and for recording. Kassner, in particular, was in favour of the venture because it would enhance his publishing profits. There had been, however, great stresses between the members of the group (on one occasion there had been a fight on the stage in Cardiff), who behaved in a thoroughly prima donna-ish manner and it needed all Mr. Page's tact and care to keep it together. He did, in the early days anyhow, the lion's share of the promotion activities, the defendants attending to the book-keeping side. Raymond Davies was unwilling to go to America, but was eventually persuaded by Mr. Page to go on the footing that Mr. Page himself should go as personal manager. Apparently, on a foreign tour young pop musicians took with them not only a tour manager, who acted as a kind of courier, but also a personal manager, who was there to look after them in their personal difficulties, to smooth *705 over the troubles arising from day to day, to collect money at the box office, to ward off the dragons of the revenue, to see that the programme of engagements was either kept or cancelled as the case might be, and generally to act as a kind of guide, philosopher and friend to the members of the group

The tour was planned to last from June 28, 1965, to July 10, 1965, and was of a most arduous nature, involving a number of one-night stands and, in particular, three days at Los Angeles. Things did not go at all smoothly and the tour was afterwards described by Mr. Page in a trade paper as having been a disaster, but the judge's impression was that on the whole it did not go too badly. Raymond Davies was particularly unhappy and demanded that his wife should be flown out to help and comfort him and that was arranged by Mr. Page by cable and she arrived on the night of July 3 at Los Angeles. Mr. Page in the meanwhile had decided that his other activities made it desirable for him to return to England. On July 3 he told the other members of the group of that, but not Raymond Davies. He gave as his reason that that would only produce an outburst of temperament by that young man. He, therefore, departed on the morning of July 4, just before the group were due to take an aeroplane to San Francisco, where the remaining activities of the tour were to be performed. His departure was a great shock to Raymond Davies, who relied on the advice and countenance of Mr. Page in his distress, and the whole group held an indignation meeting on the airfield on the morning of July 4 and then and there decided to have no more to do with Mr. Page and to get rid of his services if they could

.... long hair again...


The minor plaintiff insists that his long hair is a part of his personality and image as a musician; that audiences patronizing the Rouge River Excursion combo prefer long-haired musicians; and that he considers long hair necessary to make an impression upon the audiences for whom he plays.
17. While attending South Laurel Senior High School, the minor plaintiff has dressed neatly and adequately and has been neat and clean in his person, including his long hair which he keeps neatly combed. These facts are admitted in the Answer. There was no evidence to the contrary. In court he appeared well groomed from head to foot

.... an odd definition of sanity....???..

...he had committed a public nuisance by 'purposefully following people, approaching and threatening children on the public highway, and the school playground, banging on the roofs of cars, walking in a public highway without regard for the safety of traffic, blocking the public highway, behaving in an intimidating manner on a public highway, imitating an ape, persistently provoking dogs to bark in the early hours of the morning, shouting and screaming in a public place and various other acts'. Other acts proved included having his backyard in an insanitary condition, playing one chord on the piano throughout the night, playing a radio at top volume at all times of the day and night whilst it was suspended on a rope out of his bedroom window, physically restraining people on the public highway from proceeding on their way, peering in the windows of houses and cars, creating a disturbance in a post office, kicking a dog up the street and assault. H was found guilty. A psychiatric report said that he was eccentric but sane.....

cautionary tale no. 4756

......Taking of bath by piano player who was touring United States as member of orchestra was a purely personal activity not sufficiently related to employment to support award of workmen's compensation death benefits for death from drowning in hotel bathtub........

Parental advisory????

"The evident goal of this particular recording is to reproduce the sexual act through musical lyrics. It is an appeal directed to "dirty" thoughts and the loins, not to the “intellect and the mind.”

Finally, the plaintiffs rely upon testimony, both lay and expert, that the Nasty recording did not actually physically excite anyone who heard it and indeed, caused boredom after repeated play. However, based on the graphic deluge of sexual lyrics about nudity and sexual conduct, this court has no difficulty in finding that As Nasty As They Wanna Be appeals to a shameful and morbid interest in sex"

How times have changed!

....."but large- scale black immigration to the U.K. was a phenomenon of the fifties, and the vast majority of white Brits--to whom most blacks were still "foreigners"--were even less familiar with them than their*810 American counterparts. Sting, an adolescent when he first saw Hendrix playing a Newcastle club in late '66, had literally never seen an actual in-the-flesh black person in his life before. As a result there was plenty of scope for mutual misunderstandings: Hendrix once refused to be interviewed by Caroline Coon, founder of the Release drug advisory centre, because when her name was mentioned he thought it was a tasteless racial jibe; and his first roadie, the late Howard "H" Parker, was fired in Sweden one morning when he told a hungover Hendrix that he resembled "a gorilla who's just lost his bananas". Hendrix was insecure enough to think that H meant to insult him"..

My name is Roger ... don't fly me......

"......We embark on a journey into the lofty area of aviation safety regulation. Previous navigators have left powerful beacons along the way to guide us. The law in this area is not too far up in the air. We may encounter a few clouds of doubt, but they will dissipate. We anticipate a smooth flight before descending to our final destination


Roger E. Woolsey is president of Prestige Touring, Inc. ("PTI"), a small air carrier which specializes in transporting musicians. Prior to entering into an agreement to transport the country musician Reba McEntire for a minimum of several hundred hours per year, PTI marketed itself primarily to rock musicians, with whom it had at least twenty-five contracts in 1990. Although Woolsey claims that PTI makes "individualized decisions in particular cases whether and on what terms to serve ... does not furnish transportation indiscriminately, but furnishes it only to those with whom it sees fit to contract," there is no evidence that PTI ever turned away anyone in the music industry who applied to it for air transportation and was willing to pay its fee.
FN1. In a "thank you note" to twenty-five of its clients in the music industry which was published in an issue of the weekly magazine Performance International, PTI proclaimed, "Prestige Touring, Inc., is the # 1 air support company in the United States." The twenty-five artists listed in the "thank you note" were: Reba McEntire, Billy Joel, Ricky Skaggs, Larry Gatlin & the Gatlin Brothers, the Jerry Garcia Band, Duran Duran, Chicago, Kiss, Alice Cooper, Clint Black, Europe, Arron Tippon, Cinderella, Robert Plant, Whitesnake, Jimmy Buffett, U2, Depeche Mode, Stevie Nicks, the Judds, Don Williams, Sawyer Brown, Chet Atkins, the Grateful Dead, and Garrison Keillor.

Woolsey became aware in the late 1980s of the fact that most country musicians travel by bus, Woolsey considered it important to make direct contact with stars like McEntire in order to expand from "rock" into the country music segment of the music industry.
PTI agreed to provide a specific aircraft for the exclusive use of McEntire and her guests. PTI painted Reba McEntire's name and that of her son, Shelby Blackstock, on the fuselage of the airplane
When another PTI airplane for which Reba's Business had contracted crashed, Reba's Business ceased doing business with PTI. On July 5, 1991, a Federal Aviation Administration ("FAA") Administrator issued an emergency order revoking Woolsey's commercial pilot certificate due to his alleged violation of Section 91.13(a) of the Federal Aviation Regulations, 14 C.F.R. § 91.13(a). Woolsey was alleged to have served as pilot in command on fifty- three flights for compensation without meeting the training and examination requirements of FAR Part 135. He was also alleged to have intentionally stopped an engine during one flight in order to avoid having to stop for fuel. "

it's tough being Mick Jagger..

"But I think it is right to say this, that when one is dealing with somebody who has great responsibilities as you have, because you are, whether you like it or not, the idol of a large number of the young of this country, whether you like it or not you are in this position, and being in that position you have very grave responsibilities. Accordingly, if you do come to be punished, it is only natural that those responsibilities will carry a higher penalty"....

More problems of defining musical genres....


...."On Monday, August 25, Mayor Donnelly informed respondent by telephone that he considered Blood, Sweat and Tears to be a rock group, and that they would not be permitted to perform because the city had experienced crowd disturbances at previous rock concerts. Id., at 195. Officials of respondent appeared before the City Council at a special meeting the next day, and explained that Blood, Sweat and Tears in fact were a jazz band that had performed at Carnegie Hall in New York City and at similar symphony hall facilities *251 throughout the world. Speaking for the Council, the Mayor reiterated that the city did not condone rock festivals. Without attempting to investigate either the nature of the group's music or the representations made by respondent, the Council voted to cancel the license for both days unless Blood, Sweat and Tears were removed from the program. Id., at 267-269. The vote received considerable publicity, and this adversely affected ticket sales. Id., at 248-G.
Later in the same week, respondent was informed by the City Solicitor that the Council had changed its position and would allow Blood, Sweat and Tears to perform if they did not play rock music. On Thursday, August 28, respondent agreed to attend a second special Council meeting the following day.
The second Council session convened on the afternoon of August 29, the day before the first scheduled performance. Mayor Donnelly informed the Council members that the city had two options--it could either allow Blood, Sweat and Tears to perform subject to the prohibition against rock music, or cancel the concert altogether."

Stevie Wonder's narrow escape..

.Buttenheim testified that Holtz would "not allow an airplane to be grounded". She testified that Holtz pushed pilots far beyond the limits of safety, and even defended one pilot, Robert Tameris, who was so unsafe in his practices that one copilot walked off the plane rather than fly with him. Buttenheim reported that when Julien Bussat reported pilots' complaints of "reckless flying" by Tameris, Holtz responded that he'd "like a hundred Tamerises because he could get things done the Northeast Jet Way."
Former pilot Charles Crowl reported on an instance of the "Northeast Jet Way". On a flight to Freeport, Bahamas in 1980 for passenger Stevie Wonder, Crowl reported that the nosewheel steering "stopped working". Although Crowl was of the opinion that the plane was so unsafe that it should have been "shut down on the spot", Holtz's response to the problem Crowl reported to him was merely, "Keep on Truckin'." The flight left. Crowl shortly thereafter resigned, stating that Holtz "ruled the company ... like a dictatorship."
Another senior officer of Northeast Jet was Paul Kaye, who testified that Northeast Jet "never, never really had enough pilots to do the work", and therefore routinely exceeded FAA regulations on pilot proficiency requirements, known as "check rides". Indeed, Kaye testified that Holtz himself asked Kaye in late 1985 to falsify check rides for Holtz so that Holtz could be "cleared on the books" on the Lear Jet. Kaye testified that Holtz was "well aware of false check rides, even directed them."
Kaye, Buttenheim, and many other witnesses testified, often in graphic terms, about Holtz's personal reckless approach to air safety. Former Northeast Jet pilot Kurt Walters offered a vivid description of one such instance, an October 22, 1986 flight from Allentown to Stanstead, England. Holtz was the pilot of the Jetstar, and Walters was co-pilot. Walters wanted Holtz to stop in Gander, Newfoundland, or, later, Shannon, Ireland because he calculated that there likely would not be enough fuel to reach England. Perhaps to demonstrate his Yaegerian Right Stuff, Holtz refused. The plane landed at Stanstead in what Walters described as a "fuel emergency," with only five minutes' fuel left. Holtz's response to this chilling experience was to direct Walters to falsify the manifest for the flight.
*3 Kaye also testified that he told Earl Holtz about setting up two sets of maintenance records, one available for FAA inspection that suggested punctilious compliance with FAA maintenance regulations, and the other, private maintenance book that documented the host of "open" or uncorrected maintenance items.

variations on a theme.........
or how many different terms for a house of ill repute are there????

"This story is about as incredible as that of the man who had been a piano player in the parlor of a bawdy house for thirty years and said he didn't know what was going on upstairs. "

"He claims there was nothing criminal about his activities and equates himself with the "piano player in the whorehouse." Well, unfortunately for appellant, the record reflects that he did a litle more than play the piano. .."....

..".going on, despite Hatteras's asserted business objective of providing only modeling and massages. His trial defense was instead the "piano player" defense: like the piano playerin a cathouse (who furnishes only music), he suspected that naughty activities were occurring but..."


"would be protected without making any inquiry into the subject of the litigation. They take the classic position of the piano player in the brothel. They expressed no interest in the condition of the sewage system until the security of their loans..".

"the definition of "knowingly" or make it a technical word. It is even conceivable that the legendary not too bright piano player in a bordello might not have known what was going on upstairs, but it is inconceivable that one can control,..."

Here's some material for a movie or a song or a TV cop show .... it all seems to happen on Elvis Presley Boulevard!


“The crime for which appellant was convicted involved the armed robbery of a McDonald's Restaurant on Elvis Presley Boulevard in Memphis on August 10, 1988”

“The record reveals that in the early evening hours of September 22, 1986, a lieutenant with the Southaven Police Department pulled onto Elvis Presley Boulevard approximately 400 yards south of the Tennessee-Mississippi state line and observed the appellant in a light blue Ford traveling at approximately 80 to 100 miles per hour in a northerly direction. He turned to pursue the car. As he did so, he observed the car turning a curve at the Tennessee-Mississippi state line. The vehicle crossed into the southbound lane and struck another car head-on”

“At about 11:30 P.M. on June 14, 1986, Alfred Beauregard was standing outside the Stop-N-Go Grocery on Elvis Presley Boulevard in Memphis. He saw the appellant coming up behind him. Earlier that evening they had exchanged words in regard to some money that the appellant owed Mr. Beauregard. The appellant told Mr. Beauregard that he was tired of Mr. Beauregard 'messing with' him. As Mr. Beauregard turned to walk away, the appellant shot him in the face.”

“On investigation, Captain Utley determined that the sound was coming from a 1967 Chevrolet Impala sedan parked in the parking lot of the branch of the *752 Memphis Bank and Trust Company located at the corner of Winchester and Elvis Presley Boulevard. The automobile was parked next to the bank building and was headed in a direction opposite to the parking lot markings indicating the flow of traffic for customers using the bank's facilities. The appellee was in the parked automobile. The horn blowing was caused by the intermittent nodding of the appellee's head over onto the steering wheel.
Captain Utley parked his police cruiser some seven to ten feet from appellee's automobile and radioed for a back-up unit. While awaiting the arrival of reinforcements, Captain Utley saw the appellee alight, take a few steps, and return to the automobile, apparently without any awareness of his surroundings.
When the back-up unit arrived, Officer Poteet opened the door to appellee's automobile and assisted appellee to alight. On observing appellee's staggered gait, hearing his slurred speech and smelling intoxicants on appellee's breath, the officers concluded that appellee was intoxicated and arrested him for public drunkenness. The appellee was placed in the back seat of a squad car and his Miranda rights were read to him.
In the suppression hearing, Officer Hand testified that on arresting appellee, "we started the standard procedure on taking care of his vehicle." A call was placed for a wrecker to tow the appellee's automobile, and the officers began to inventory its contents. The "tow-in-slip" form was used to list the inventory.
After inventorying the contents of the interior of the automobile, Officer Hand took the keys from the ignition and opened the trunk. There he found four large, green opaque plastic garbage bags sealed at the top with either masking tape or scotch tape. Officer Hand testified, "I tore a hold in--a small hole in one of the sides of the bags to observe what the contents were," and found several rectangular shaped packages wrapped in cellophane over a layer of brown paper. He tore a hole in the corner of one package and observed a substance which he believed to be a brick of marijuana.”

“The couple went to Auto Additions on Elvis Presley Boulevard. Defendant Thomas test drove a hot pink box Chevy. After Defendant Thomas drove it, the couple purchased the car for $3,975.00 in cash.”

“However, Laguna did attempt to follow the defendant, because the van had a "stinking smell" and "a whole bunch of flies came out" when the defendant rolled down the window. Laguna followed the defendant as he drove south on Elvis Presley Boulevard. He lost sight of the defendant as he drove into Mississippi. Laguna returned home and was arrested at his child's birthday party later that day. The police stated that they had received an anonymous phone call that he was involved in the disappearance of the victim. Laguna was released the following Monday”

“On December 28, 2000, Mike Ghannam was at the Discount Shop on Elvis Presley Boulevard in Memphis, Tennessee, where he worked as a manager. At around 9:00 or 10:00 p.m., Mr. Ghannam was making coffee. He was washing his hands at the sink when he heard Yehia Abu-Hamda, a store clerk who was in the office of the store, calling for him. He turned around and saw two black men wearing masks. They were standing at the door, shooting guns”

“Raymond Brooks: Captain Frederick Sansom of the Memphis Police Department testified that in 1991, he was called to the scene of a homicide that took place at J.T.'s Lounge, located at 1403 Elvis Presley Boulevard.”

oh dear.....



"Almost from the beginning, Peterson, a freelance jazz and rock bass player, fell behind in his child support payments"

This one is no aboput music .. but it is v silly.....

An inappropriate choice of viewing?????
(or one case where the use of the subjunctive tense proved to be critical……)



This case began with the broadcast of "The Day After," a television movie depicting the nuclear annihilation of Lawrence, Kansas. This presentation, which was accompanied by warnings of its disturbing nature, was followed by a televised panel discussing the movie's frightening implications. Defendant, a voluntary patient in the psychiatric ward of the Veteran's Hospital in Sheridan, Wyoming, viewed both programs. The shows upset defendant, and he requested sedatives from a psychiatric nurse at the hospital. After taking a large dose of antidepressant medication, defendant said to the nurse, "If Reagan came to Sheridan, I would shoot him." R. V, 87. The nurse reported this statement *830 to the hospital, which then contacted the Secret Service. Defendant denied to an investigating Secret Service agent making that precise statement, but admitted an extreme dislike for President Reagan, and said he had told the nurse that it "would be in the best interest of this nation if that red-necked, bigoted, war-mongering mother fucker were shot." R. V, 65. Defendant owned several weapons, including a shotgun and a rifle. Defendant was indicted for violation of 18 U.S.C. § 871 and found guilty by a jury.

from the subjunctive tense defence to the ... inverted commas defence...


"The amicus identify the phrase "I forever be a trigga happy nigga" as lyrics from a popular "gangsta" rap song by the musical group "Geto Boys" and explain that by placing the phrase in quotes in his letter, appellant did not intend to express a personal statement of his criminal intentions."

well that is a relief....

"We can put to rest the initial argument over whether the word "muthafucka" was intended to be or would be understood as a statement of fact"

guilty of the heinous offence of aiding and abetting premedidated singing.......



"Summary: The defendant L was summoned for allowing singing after permitted hours on his licensed premises for which he held a licence for public entertainment, while H, the pianist, was summoned for aiding and abetting. H had locked the piano at closing time but appeared to be leading the singing. On a submission that the singing was spontaneous and therefore no offence had been committed, the Hanley Magistrates' Court held that the singing was not spontaneous and that both defendants were guilty."

Female traffic warden, aged 23 at the date of the accident and 27 at the date of the trial, was struck on the head by a
A sorry tale ... she wanted to get her headache at the concert.......


metal clip which fell from some scaffolding. She was dazed for a few moments and felt nauseous. She had a red mark on the side of her head. These symptoms soon resolved but she developed headaches soon thereafter. Though these had largely settled a couple of months later when she returned to light duties, they reoccurred occasionally for another 16 months, spoiling her particular pleasure of attending punk rock gigs. She lost confidence and was unable to walk the streets in uniform until eight months after the accident when she returned to full duties. She had made a full recovery after 18 months. General Damages: GBP 3,000. Special damages: GBP 2,220.

Is a tatoo protected by the first amendment?????

The cultural status of tattooing has steadily evolved from that of an anti- social activity in the 1960s to that of a trendy *542 fashion statement in the 1990s. First adopted and flaunted by influential rock stars like the Rolling Stones in the early 1970s, tattooing had, by the late 1980s, become accepted by ever broader segments of mainstream society. Today, tattoos are routinely seen on rock stars, professional sports figures, ice skating champions, fashion models, movie stars and other public figures who play a significant role in setting the culture's contemporary mores and behavior patterns ...
The market demographics for tattoo services are now skewed heavily toward mainstream customers. Tattooing today is the sixth-fastest-growing retail business in the United States. The single fastest growing demographic group seeking tattoo services is, to the surprise of many, middle-class suburban women.
Tattooing is recognized by government agencies as both an art form and a profession and tattoo-related art work is the subject of museum, gallery and educational institution art shows across the United States.
"TheChangingCulturalStatusofTattooArt" (http:/ www.tattooartist.com/history.html); "

another bizarre conspiracy......

1 Plaintiff, an inmate of the Graterford State Correctional Institution in Pennsylvania, has filed a pro se civil rights complaint against twenty-two defendants, including high officials of the Central Intelligence Agency ("CIA"), the Secret Service, the Justice Department, and the Nuclear Regulatory Commission, plus the Pennsylvania Commissioner of Corrections, several members of the Graterford Staff, and a fellow Graterford inmate. Plaintiff previously filed a similar complaint, Civil Action No. 90-3321, against many of the same defendants, which was dismissed on May 23, 1990. In both complaints plaintiff alleges, inter alia, that there is a grand conspiracy of the defendants to harass the plaintiff through various methods including electroshock therapy, telekinesis, voice synthesizers, hypnotism, mental telepathy, and cybernetics. The purpose of the harassment is not exactly clear, even with the filing of this second complaint, but it appears to be alleged that the CIA is concerned about plaintiff's knowledge of the deaths of certain personalities. The list of such persons in the first complaint included Elvis Presley, Gordon Parks, Guy Lombardo, Judy Garland, Greta Garbo, Ralph Abernathy and Max Weiner; at this time plaintiff wishes to add Sammy Davis, Jr., Jill Ireland, Jim Henson, Barry Sadler, Sarah Vaughn, Hank Gathers, "Leroy Orbisson--Jazz musician" and "Dexter Gordon--Baseball manager." .

The Diva and the shipowners ... part 1



But it does seem a strange story that this lady should have been invited to put up this substantial sum of money wholly unsecured, as a loan to this Liberian company whose sole asset was a heavily mortgaged bulk carrier.
I do not think it is necessary to say more about Mme Callas's personal financial affairs. They were--the Press were good enough not to report them-- gone into at some length. Suffice it to say that, according to her, round about that time she bought some War Loan. She said she did so on Mr. Vergottis's advice. He denied it. If he gave the advice I am sure it would not have been for the reason she said he had given it, namely, that a change of Government in England (it will be recalled that there was a General Election in mid-October, 1964) would be likely to be beneficial to holders of War Loan. Whether or not he gave that advice, or whether she misunderstood any advice so given, I do not think matters in the least. The fact remains that I accept her
answer that she bought War Loan, and it does not matter on whose advice. It is a matter of common knowledge--but there was evidence on it--that if one wanted 6 1/2 per cent. (which was more than she was getting on deposit in Swiss banks at this time) one could get very nearly as much as that (and with very much better security than by, way of an unsecured loan to a Liberian company) on the English gilt-edged market or elsewhere at the time. I say no more about the accounts than that they certainly, on any view of this case, present a strange picture. I can now go to the next important date, which is the letter of Dec. 21.

The Diva and the shiponwers part 2

Mme Callas made a remark about her agent which was, by any standards, inexcusable. She accepted that when the matter was put to her in the witness-box. Thereupon the breach followed. She has never seen or spoken to Mr. Vergottis again until this trial. *631 Mr. Onassis had some contact with Mr. Vergottis; he met him once at Claridge's, when he stated orally what in effect his present claim was, and he met with a blank refusal. There was the suggestion of arbitration to which I have already referred and which was rejected as Mr. Vergottis was entitled to reject it. and finally there appears to have been an unhappy scene, also at Claridge's, of which the less said the better, because by any standards Mr. Vergottis's conduct in a public restaurant could not be defended

The Diva and the shipowners part 3

I formed a highly favourable view of Mr. Onassis and of Mme Callas. Their evidence can be criticized in its detail it was not always consistent; but I could not but take an unfavourable view of Mr. Vergottis as a witness, reluctant as I am to say that of a man of his age and standing, His whole attitude in the witness-box gave me the impression that he had in truth stood upon his rights in this Court, not only that he might see Mme Callas and Mr. Onassis cross-examined at length by his learned Counsel--as was done with the utmost discretion and good taste--as to what the relationship between them might be, but that he might use his opportunity of going into the witness-box to make such venomous remarks about them as he could slip in before he was stopped, either by his own learned Counsel or by Sir Milner or by myself. He made an unfavourable impression upon me, and I have no hesitation in holding that the plaintiffs' story is the true story and the defendant's is the untrue story.

Dont swap your yacht for a disco and an escort business...

Part 1 .. this was bound to end in tears...
In 1991 the defendant was living in Portugal and in the August issue of Yachting World he placed an advertisement offering for sale for £350,000 a discotheque in the Algarve. It was described as a purpose built freehold discotheque producing £1500 per weekend net. The advertisement further stated inter alia "Part exchange quality sailing yacht. . ."
The plaintiff saw the advertisement and after negotiations a written agreement was made between the plaintiff and defendant on Aug. 21, 1991. By that agreement the defendant agreed to transfer to the plaintiff the discotheque and a villa in Portugal. The defendant also agreed to transfer to the plaintiff an escort business (Villas Rouges) which he operated from the villa. The plaintiff agreed to transfer to the defendant the yacht Siben which was registered in Jersey and owned by Whistling Wild Yachts Ltd. a company controlled by the plaintiff, and a De Lorean car and to pay to the defendants £ 85,000 of which £50,000 was to be paid within 12 months of the delivery of Siben and meanwhile was to be a charge on the discotheque. The defendant warranted that the discotheque and villa would be transferred to the plaintiff free from mortgage charges or any other encumbrances...

to be continued....

Can you believe Mr Hughes????

The advertisement for Villas Rouges, which gave the telephone number of Villa Kildare, included a photograph of a scantily clad girl holding a putter and invited customers to -
. . .play some of the best golf courses in the world and be pampered night and day by a beautiful escort who will make your stay unforgettable.


"Mr. Clewley explained for the first time that the Villas Rouges business was an escort agency and said that he could sell the business to Mr. Hughes. He added that the business was in effect the use of the telephone at the villa so that any purchaser of the villa would automatically get the business and that in any event it takes some two years to obtain a telephone line in Portugal. Mr. Hughes made it clear to Mr. Clewley that he was not interested in the business and that it formed no part in the agreement which was being negotiated, although he did want the telephone line"...

to be continued

Can you believe Mr Clewley???

.....Mr. Clewley did say that the discotheque was making about £1500 net per weekend because that is what he thought was the true position. The Villas Rouges business was explained by both himself and Annie Rogers as including the provision of girls for visiting golfers, who paid a price to include the hire of a villa, the playing of golf and the use of the girls. .......

the truth begins to emerge...

"The problems all arose out of the discotheque. Mr. Hughes' account of what occurred with regard to the discotheque is to this effect. On Tuesday Oct. 1, Mr. Rex Park, who was the manager of the discotheque, asked for a meeting with Mr. Hughes which was held on the next day at the villa. Melanie Calvert, who was Mr. Park's girl friend and who also helped at the discotheque, and Michael Shields were also there. Mr. Park said that he and others were owed money by Mr. Clewley and that unless the debts were settled they would not work there. He also said that he had been promised commission when Mr. Clewley sold the discotheque to reflect all the work they did during the refurbishment. Mr. Hughes told Mr. Park that Mr. Clewley had said that the discotheque would make £1500 profit per weekend. Mr. Park said that in his estimation with both an advertising and a concerted promotion programme a figure of £1500 gross might be possible. He said among other things that it was impossible for the profit to amount to £1500 per weekend".....

It gets worse...

". Mr. Park told Mr. Hughes in the presence of Mr. Shields that a builder, Mr. Kitching, had not been paid for work carried out on the discotheque and for materials supplied to it. Mr. Kitching later confirmed to Mr. Hughes that that was so. Mr. Hughes opened the discotheque on both Oct. 4 and 5, although he admits that he did not carry out any advertising or promotion to help attract customers. He incurred certain expenses but the discotheque took only £42 on Friday Oct. 4, and only £63 on Saturday Oct. 5.".....

and worse.....

Mr. Hughes asked Mr. Park if he could see the books, but Mr. Park told him that they had been removed by Mr. Clewley earlier in the week.
Mr. Hughes decided to confront Mr. Clewley; so he and Mr. Park went to see him on the yacht. Mr. Park made certain allegations against Mr. Clewley which were denied by Mr. Clewley. There was a row between them. Mr. Clewley says that there was indeed a row, but that Mr. Park (or Parker) was a man of potential violence with whom he had trouble before. He also says that Mr. Hughes said to him that Mr. Park had said that he was Mr. Clewley's partner and entitled to a share in the purchase price but that when Mr. Clewley asked him to tell the truth he admitted that he was not a partner of Mr. Clewley. In the event the only confrontation that took place was between Mr. Park and Mr. Clewley.

Mr. Duarte told Mr. Hughes that Mr. Clewley was not the legal owner of the villa. Mr. Hughes then asked him to clarify the position with regard to the discotheque. Mr. Duarte telephoned Mr. Vivaldo in Mr. Hughes' presence. Mr. Vivaldo said that he was owed 3 m. escudos as the final part of the purchase price on the discotheque, that there were unpaid debts such as telephone and electricity bills, that the plot had not been sub-divided as required under Portuguese law and that Mr. Clewley did not have authority to sign a contract with regard to the discotheque. Mr. Duarte advised Mr. Hughes that so far as the villa was concerned the sale could be completed if he paid the SISA tax and the other legal expenses to him. However Mr. Hughes had no money left. So he telephoned Mr. Clegg and asked to borrow the £25,000 which he had offered previously. Mr. Clegg agreed provided that the villa was put into their joint names. The money was not in fact received until some time later. Mr. Hughes asked Mr. Duarte to arrange a meeting with Mr. Vivaldo.
Details of the meeting between Mr. Duarte and Mr. Vivaldo were reported to Mr. Hughes on Oct. 11. Mr. Duarte said that all Mr. Vivaldo was concerned about was receiving his money. Mr. Vivaldo also said that the alcohol licence was for a drinks bar only, that no licence existed for a restaurant and that the extension built by Mr. Clewley had been built without formal planning permission. Mr. Hughes was now very concerned about the position""""

.......Clewley brought Mr. Hughes to see her so that she could explain how Villas Rouges operated. She explained how it worked. The cost to the customer might be anything between £500 and £1500 per week. There is I think no doubt that it was understood by all that the services of the girls included not only escort but sexual favours. Mr. Hughes had a girl friend called Marcia with him. He told Miss Rogers that he had it in mind for her to run the business. He was extremely interested in the operation.
Subsequently when Mr. Hughes arrived with Siben at the end of September Miss Rogers again explained how it worked to both Mr. Hughes and Marcia. However it appeared that Marcia was not keen to run it and Mr. Hughes asked Miss Rogers if she would do so. I see no reason to reject this part of Miss Rogers' evidence. In my judgment Mr. Hughes was initially quite keen to operate the Villas Rouges business and in any event, whether he was or not, he told both Miss Rogers and Mr. Clewley that he was and it was agreed that Villas Rouges would be part of the property to be......

he didn't get his yacht back....


......."It follows from the above that my overall conclusions are that the plaintiff was induced to enter into the contract by what were in essence two fraudulent representations on the part of the defendant, that the plaintiff is not entitled to rescission of the contract or to possession of the yacht but that he is entitled to damages in the sum of £282,171.37 together with interest from an appropriate date at an appropriate rate. Finally I would like to apologize for the length of this judgment, to thank Mr. Jacobs for his assistance but most of all to thank Mr. Clewley for his assistance in making coherent submissions in a very difficult case.
(c) Lloyds of London Press Limited
1 Lloyd's Rep. 35".....

Warning... the following extracts contain strong language from the start....but it is quite funny.....

LRRY FLYNT PART 1

"A. Events Prior to the Hearing
On December 12, 1983, Flynt appeared before United States Magistrate James W. McMahon for arraignment on an indictment charging him with flag desecration and unlawful wearing of a Purple Heart. Flynt, who is paralyzed and confined to a wheelchair, had worn an American flag as a diaper and pinned the Purple Heart to his shirt when he appeared at the courthouse in connection with an earlier unrelated contempt proceeding. During his arraignment on those charges, Flynt made a series of insulting, abusive, and obscene remarks to Magistrate McMahon. At the close of the arraignment, the Magistrate randomly assigned the trial on the issues raised in the indictment to United States District Judge Consuelo B. Marshall. On December 15, 1983, Judge Marshall ordered Flynt to undergo psychiatric evaluation at the Medical Center for Federal Prisoners in Springfield, Missouri, in order to determine his competence to stand trial.
FN1. The dialogue in which appellant and the Magistrate engaged was as follows:

THE MAGISTRATE: Mr. Flynt, if you tell me that you do not understand that you have the right to have an attorney represent you, I am going to be obliged, in order to protect your rights, to appoint an attorney to represent you.
THE DEFENDANT: Don't do me any favors, your honor. I mean, you are the madam, and over here (indicating) is another whore and this guy who says he is my attorney is a streetwalker.

THE MAGISTRATE: Mr. Flynt, I expect you to behave yourself here.

THE DEFENDANT: Then you might as well put my ass in jail. Now, I am trying to be nice to you, god damn it. Now, are you going to let me read my arraignment and plea or are you going to put me in jail again? What the fuck is going on here?

* * *
THE MAGISTRATE: All right. I am going to appoint Mr. Isaacman to represent you as your attorney for these proceedings. You may choose to call--

THE DEFENDANT: Then take my ass to jail, cocksucker, because I--

THE MAGISTRATE: All right.

THE DEFENDANT: --refuse to go through this bullshit.

THE MAGISTRATE: All right, would you proceed with the arraignment?

THE DEFENDANT: You dumb, ignorant mother fucker. Now, I am telling you; you are not going to get away with this.

THE MAGISTRATE: Proceed with the arraignment.

THE DEFENDANT: There are no fucking way you are going to get away with it. You are denying me my counsel of my choice. You are just as
dumb as that god damn Burger up there on the Supreme Court, and I am ready to stay in jail until hell freezes over or until I have the attorney of my choice.

You god damn, no good, 14 karat piece of shit, you. Just cause you got on that robe, you don't have any god damn right to abuse the Constitution that you are supposed to be upholding."....

to be continued.....

FLYNT PART 2

"Flynt's defense consisted of testimony from seven non-expert witnesses, including himself and his bodyguard, concerning his mental and emotional conditions on the date of the alleged offense. In the course of Flynt's direct examination, he was asked to state reasons for his outbursts before the Magistrate. He responded with a series of epithets directed toward the judiciary *1357 in general. Judge Real called a recess and ordered Flynt gagged. When the hearing resumed, Judge Real admonished Flynt that any further outbursts would result in summary contempt citations. He then ordered removal of the gag and Flynt resumed his testimony.
FN4. Appellant's remarks were a part of the following colloquy:

Q: Mr. Flynt, is there any other reason you could give us that you already haven't as to why you said the things you did to Magistrate McMahon on December 12 at the hearing?

A: Yes, there is, Mr. Kahn.

Q: What is it?

A: I went to the United States Supreme Court and I called every one of them no-good, lousy, dumb, mother-fuckers, what assholes they were. And that I would be back as soon as I was allowed out of prison to tell them mother- fuckers they had violated my goddamn mother-fucking civil rights as long as they intend to, and if I am not kept in prison--

MR. KAHN: Your Honor--

:--until hell freezes over, I will kill--

MR. KAHN: Your Honor, can we please--

THE DEFENDANT:--every mother-fucking one of them. Blow those mother- fucking judges--

MR. KAHN: Could we have a short recess, please, your Honor--

THE DEFENDANT:--and I don't want--

THE COURT: No, Mr. Kahn, he knows what he is doing.
THE DEFENDANT: No--I don't--

MR. KAHN: Your Honor--

THE DEFENDANT:--and I am crazier than hell. I want a competency hearing."

tbc

FLYNT PART 3


"At the close of Flynt's testimony, his counsel asked him whether he had any further statements to make on his own behalf. Once again, Flynt responded with epithets. Judge Real summarily imposed a thirty-day contempt sentence. Flynt responded with more epithets, which were met by Judge Real with a second summary contempt sentence of thirty days. Flynt again responded with a round of epithets and Judge Real summarily imposed a third thirty-day contempt sentence, at which point Flynt was removed from the courtroom.
FN5. The exchange between appellant and the court was as follows:

FLYNT: I move that you call the U.S. marshal to the stand that was present when I took the drugs, when I was flung on the floor by an inmate, and when I was kicked when I was smacked. I want the U.S. marshal called, I also want the guard called that tipped me off that this asshole was sending me to Springfield.

THE MARSHALL: Open up the door.

THE COURT: No, that is all right. He's got the responsibility.

That is going to cost you 30 days, Mr. Flynt.
THE DEFENDANT: Hey, you know what punishment--is. Well, you don't give a fuck.

THE COURT: Mr. Flynt, you just keep that up.

THE DEFENDANT: Fuck you. Give me life without parole you foul mother- fucker.

THE COURT: That is another 30.

THE DEFENDANT: I want you--give me more. You chicken-shit son-of-a- bitch.

THE COURT: That is another 30 days.

THE DEFENDANT: Give me more."...

FLYNT's FINAL FLING

"Flynt was subsequently returned to the courtroom where he completed his testimony without any further outbursts. At the close of the hearing, Judge Real found Flynt guilty of contempt in Magistrate McMahon's courtroom and sentenced him to six months. In addition, Judge Real reiterated the three thirty-day sentences ordered pursuant to the summary contempt proceedings. Flynt responded to the sentencing with a final string of obscenities, for which Judge Real summarily sentenced him to an additional six months.
FN6. Appellant's final outburst occurred as follows:

THE COURT: For the contempt of December 12th, 1983, the defendant shall be
committed to the custody of the Attorney General or his representative for a period of six months, and for each of the contempts upon which he was cited here in court today, 30 days. Each of those sentences are to run consecutively to each other and not concurrently.

THE DEFENDANT: Give me more, mother-fucker. Is that all you can give me, you chicken-shit cocksucker? Lay 18 months on me, you dumb mother-fucker.

THE COURT: Now--

THE DEFENDANT: Fuck you in your ass.

THE COURT: That is enough.

THE DEFENDANT: You suck--

THE COURT: That will be another six months which will be also consecutive.

THE DEFENDANT: I want you to give me more. Give me more.


Flynt's sentences totalled fifteen months. After appellant had begun serving his sentences, he petitioned Judge Real for an order releasing him on bond pending appeal. In his petition, Flynt indicated an intention to challenge, inter alia, the trial court's denial of a continuance and its use *1358 of summary contempt proceedings. Judge Real denied the petition, concluding that release on bail would present a risk of flight and that the issues Flynt proposed to raise in his appeal were "frivolous." Because, for reasons we need not detail here, it was perfectly clear that appellant's release would not present an unreasonable risk of flight, and because even a cursory review of the law relating to the proper use of summary contempt proceedings showed that Flynt had raised substantial questions concerning Judge Real's exercise of the summary contempt power, another panel of this court ordered appellant released on bond pending this appeal. At the time he was released, Flynt had already served five months and five days of his sentence.
C. Issues on Appeal
In this appeal Flynt challenges the district court's denial of his request for a continuance and its subsequent invocation of its summary contempt power. In addition, Flynt contends that he was denied his Sixth Amendment right to a jury trial, that he was entitled to a hearing on his mental competence to stand trial, and that his fifteen-month sentence is excessive.
There can be no question that the type of conduct in which Flynt engaged cannot be tolerated in a courtroom. There are a number of measures that may be taken to bring such conduct to an immediate end. Punishment, including a term of incarceration, may be imposed, if appropriate procedures are followed. However, the issue before us is not whether Flynt engaged in the conduct with which he is charged. The issue is not even whether Flynt actually had the mental capacity to commit the offense of contempt. Rather the issues presented here are procedural ones that raise questions of essential fairness. No matter how opprobrious the offense, every person is entitled to have his guilt or innocence determined in a manner that complies with our rules, laws and Constitution.
We conclude that in two essential respects Flynt's convictions were obtained without affording him important procedural rights. Both involve the district court's failure to allow Flynt to prove that he did not have the mental capacity to commit contempt. First, Flynt's only defense to the charge of contempt that arose out of the magistrate's proceeding was that he lacked the requisite mental capacity. The district court's denial of a continuance of its hearing effectively foreclosed Flynt from presenting that defense. We must therefore reverse the conviction that was based upon Flynt's conduct before the magistrate. Second, the evidence raised a substantial question as to Flynt's mental capacity to commit the contempts that were based on his conduct before the district court. Accordingly, the district judge erred in punishing Flynt for that conduct without affording him a hearing at which he could present evidence on the issue of his mental capacity. For that reason, we must reverse Flynt's four summary convictions for the conduct that occurred before the district judge. Because we reverse appellant's convictions on these two grounds, we do not address his additional arguments.
II. THE DISTRICT COURT'S DENIAL OF APPELLANT'S MOTION FOR A CONTINUANCE"

nb Larry Flynt was/is I am not sure .. the publisher of Hustler magazine a movie was made about his life ...

Flynt "libels" Bob Guccione?? is this possible?


The parties seem to be in agreement that the falsity at issue in the Article is the phrase 'onsidering that he is married and also has a live-in girlfriend, Kathy Keeton . . ..' While Ethere are a number of other objectionable aspects of the Article, Guccione claims that it is false and defamatory because the Article is understood to mean 'that plaintiff Guccione commits the criminal and immoral act of adultery' and that the purpose of the Article was 'to expose plaintiff Guccione to public hatred, contempt, aversion and disgrace and to induce an evil and unsavory opinion of him in the minds of the community and . . . to disparage him in the way of his office, profession or trade.' Compl. ¶14.
To be frank, these traditional allegations seem singularly out of synchronization with the reality of a charge of adultery leveled at the publisher of Penthouse in this age."...


quite so

unlikely tax claim no 4756...

"petitioner listed his principal business or profession as "Developer/Real Estate"

Petitioner deducted the costs of his subscriptions to Playboy and Penthouse magazines on his 1986 tax return as Schedule C business expenses."

...a somewhat species argument

."The Government argued that the Notty was in international waters or on the "high seas" because "Saint Vincent Rock is a rock. If it was an island, it would be called Saint Vincent Island, not Saint Vincent Rock." Ultimately, we must determine whether it is a rock or an island according to the statutory definitions provided by the Archipelagic Act. We note in passing that for some purposes, the label is not altogether satisfying. Thus, for example, in the metaphysical sense, we can discern no reason why something could not be both a rock and an island at the same time. See Paul Simon and Art Garfunkel, I am a Rock, on Sounds of Silence (Columbia 1966) ("A winter's day, in a deep and dark December. I am alone, gazing from my window, to the streets below, on a freshly fallen silent shroud of snow. I am a rock, I am an island. I've built walls, a fortress deep and mighty, that none may penetrate. I have no need of friendship, friendship causes pain. It's laughter and it's loving I disdain. I am a rock, I am an island. Don't talk of love. Well I've heard the word before. It's sleeping in my memory. I won't disturb the slumber of feelings that have died. If I never loved, I never would have cried. I am a rock, I am an island. I have my books and my poetry to protect me. I am shielded in my armor. Hiding in my room, safe within my womb, I touch no one and no one touches me. I am a rock, I am an island. And a rock feels no pain. And an island never cries."). Of course, neither Simon nor Garfunkel has been identified as a nautical expert."

quite

....A sorry tale of thwarted charity.....

"Plaintiffs in this action claim that the President of the United States  exceeded his statutory and constitutional authority by
imposing an embargo on trade with the Republic of Nicaragua and that the Department of State acted unconstitutionally by notifying Nicaragua of a treaty termination without Congressional approval.

. Defendants in this action are the President, the Secretary of State, the Secretary of the Treasury, the Assistant Secretary of the Treasury and the Director of the Office of Foreign Assets Control. "

thwarted charity 2

Did Nicaragua present an unusual and  extraordinary threat to the US?

.."On May 1, 1985, finding that "the policies and actions of the Government of Nicaragua constitute an unusual and extraordinary threat to the national security and foreign policy of the United States," President Reagan declared a national emergency and issued Executive Order 12513, which prohibits, inter alia, imports into the United States from Nicaragua and exports to Nicaragua from this country. Exec. Order No. 12513, 50 Fed.Reg. 18629 (1985)."

what was the plaintiff being prevented from giving to Nicaragua?

"plaintiff, Arthur Barisano, is a Massachusetts resident who asserts that the embargo has prevented him from donating two typewriters and other office supplies to Nicaragua's National Assembly"

what was their argument?


"the President was not empowered to impose an embargo by IEEPA because Nicaragua did not pose "an unusual and extraordinary threat" as required by § 1701(b)."

... you can't ask the courts to decide something like that!!!!!!

"to address the claim that Nicaragua does not pose an unusual and extraordinary threat *1195 to the United States would be an imprudent exercise of judicial review. In effect, such review would require the court to assess the wisdom of the President's judgment concerning the nature and extent of that threat, a matter not susceptible to judicially manageable standards. How, for example, is the court to determine whether Nicaragua poses more than an ordinary or usual threat? How is a court to resolve disputed issues of fact concerning the situation in Nicaragua? The court simply lacks the resources and expertise to address these questions"

Locked in the ladies room .... robbery at the airport part 1


...."At approximately one o'clock in the afternoon of January 4, 1974, James Brown, a security guard then employed by Beatty Protective Service, was dispatched to Building 86 on assignment, outfitted with street clothes, a .38 caliber police special, and the knowledge that he had been hired to guard high-value cargo of otherwise unidentified nature. Guided by Alitalia's assistant cargo manager and its deputy supervisor down a corridor fronted by offices, Brown was directed to a chair adjacent to an unmarked, locked door in view of a number of female typists. Thus stationed, Brown was instructed to, "Sit in this chair and watch the pretty girls." However pleasurable that initial scene according to Brown's subjective lights, the view became surely less agreeable shortly before 3:00 P.M., when Brown abruptly found himself looking into the barrel of a loaded revolver. Rather shakily holding the weapon was a man bearing the outward trappings of a Telephone Company repairman, accompanied by another similarly garbed.""""

Part 2
..."Thus addressed by a gun, gripped as it was in an unsteady hand, and by the electrifying announcement, "This is a stick-up," Brown choosing wisdom's course eschewed the weapon in his shoulder holster and speedily retreated, with several Alitalia secretaries also in tow, through the corridor and into a men's room, obedient to directions of the gunmen.
Scant minutes earlier, the gunmen's initial contact with Nicola Amoruso, Alitalia's cargo operations manager, had been far more placid. Having proceeded into Building 86 through one of its unguarded entryways, and apparently having gained unchallenged access from the outer public area to the inner office area through a door marked "Authorized Personnel Only," the two had chanced upon Amoruso in their search for the Building 86 supervisor. After Amoruso had identified himself as the manager of operations, the pair explained that a communications problem had been traced to Building 86 and asked to be led to the building's telephone panel. The three-man procession down the corridor from Amoruso's office was suddenly halted, however, when with revolvers freshly drawn and levelled at Amoruso the gunmen declared their actual purpose, i. e., to get "the shipment of money." Initially frozen in terror, and eventually achieving movement only by force of the gunmen's prodding, Amoruso attempting to remain at least visibly calm followed his assailants' order to instruct other Alitalia employees not to use their telephones pending "repairs," the gunmen meanwhile secreting their weapons beneath their jackets....

Part 3

..."That done, Amoruso and a secretary were herded into a ladies' room, soon to be involuntarily joined in the approximately 5' x 5' area by a contingent of some ten or more co-workers.
Shortly thereafter, one of the gunmen reclaimed Amoruso from the ladies'-room crush and ordered him to "open up the strong room." The sole key to the Building 86 "valuables room" was contained, Amoruso knew, in a cabinet itself normally locked in the assistant cargo manager's office. Impelled by the gunman's apparent determination and impatience as well as by his weapon, Amoruso made his way to his assistant's office and discovered, to his relief, that the cabinet holding the valuables-room key had fortuitously been left open. With the key in his possession and the gunman at his heels, repeatedly threatening death if he triggered an alarm, Amoruso hastily repaired to the door of the valuables room the post from which Brown had only moments before been unceremoniously relieved. The door was thereupon unlocked, revealing on the shelves within two lone packages. One, the parcel containing the bank notes, was promptly passed from Amoruso to the gunman. The second package, thereafter reported to have contained gold dental alloy worth some $60,000, apparently was ignored. Having served his fleeting purpose, and again being pushed toward the confines of the ladies' room, Amoruso noted that his two assailants had been joined by a third, a hooded figure without the Telephone Company gear of the others, but no less potently equipped with a gun."....

part 4


..."
Redeposited in the ladies' room, Amoruso joined his dozen or so colleagues resignedly awaiting deliverance. Their release came about five minutes later, when the door to the ladies' room was opened by Anthony Baldi, then the assistant cargo manager at Alitalia. During the major portion of the robbery's course, Baldi had been occupied by business that had taken him happily beyond Building 86 and that had kept him wholly unsuspecting of the drama within......

part 5

...."Less happily, however, Baldi was to become a momentary participant in that drama upon his return to Building 86, when, accosted by the third gunman, he was first ordered to "freeze" and then to "turn around." Apparently dissatisfied with the execution of those commands, the gunman pistol-whipped Baldi before fleeing through one of the building's exits. Bleeding and dizzy, Baldi summoned enough wit to telephone the airport police"......

part 6

...."Sounds from the lavatories nearby eventually brought Baldi to the aid of his colleagues within. By this time, all of the gunmen had quit the premises.
*967 Their ten-to-fifteen-minute captivity ended, the Alitalia employees eagerly emerged en masse from the lavatory, only to encounter five or six strangers with guns drawn, ordering them to "freeze." Assuming this new group to be a fresh wave of robbers, the former captives turned on their heels and ran "instinctively" back to the lavatory, a proven safe retreat..."

part 7

.."The armed men, however, were subsequently identified as members of the Port Authority police, dressed in civilian clothes, summoned scarcely minutes earlier by Baldi. Beyond the battery of police questions that inevitably would follow and the administration of necessary medical aid to the wounded Baldi, normalcy had returned to Building 86."......

what a choice of defences...

.........."The issue now becomes: assuming an individual was told to do whatever he had to do by an intelligence official of the United States Government to achieve an intelligence goal for the United States, does this broad authorization constitute a defense to later criminal acts committed in furtherance of that intelligence goal?
Defendants have advocated that this scenario may constitute a defense under various theories: good faith reliance, entrapment, due process, intent, mistake of law, etc. The authorization giving rise to these theories is somewhat akin to the authorization given in the popular James Bond movies, where Bond, Agent 007, the ultimate super agent, has a "license to kill" in order to achieve the goals of his nation's intelligence service. Lacking any better term for defendants' proposition and to distinguish it at least by name from the traditional "CIA" defense, the Court will refer to it as the "007 defense."
FN4. Should the reader not wish to accept Mr. Hayden's characterization, the defense here could perhaps be referred to as the "Mission Impossible" defense.....