Group 2

Josh Williams, Stacy Brown, Lucy Lai, Yiting Wang, John

Mccollum v. CBS, Inc

Plaintiffs Jack McCollum Defendants CBS Records, Inc & John Ozzy Osbourne And stuff

Facts & Information

19 year old John McCollum committed suicide with a .22-caliber handgun while listening to Ozzy Osbournes Suicide Solution. John McCollum was an alcoholic and suffered from serious emotional problems. Original Complaint: October 25th, 1985 Plaintiffs Alleged: Blah

Point of View Plaintiff Part 2

Osbournes songs were designed to appeal to unstable youths and that the message of some of his music explicitly urged death. Ozzys songs revolve around bizarre, antisocial beliefs, emphasizing death and satanic worship. It was inevitable that one of Osboures fans would take his life. Ozzy is responsible for their sons death.

Point of View Plaintiff

Suicide Solution Lyrics:

Wine is fine but whiskeys quicker Suicide is slow with liquor Take a bottle and drown your sorrows Then it floods away tomorrows Evil thoughts and evil doings Cold, alone you hang in ruins Thought that youd escape the reaper You cant escape the master keeper cause you feel like youre living a lie Such a shame whos to blame and youre wondering why Then you ask from your cask us there life after birth What you sow can mean hell on this earth Now you live inside a bottle The reapers traveling at full throttle Its catching you but you dont see The reaper is you and the reaper is me Breaking laws, knocking doors But theres no one at home Made your bed, rest your head But you lie there and moan Where to hide, suicide is the only way out Dont you know what its really about

Points of View Defendant

First Amendment right for the artist --John McCollum was responsible for his life/death. John was the parents responsibility and that they were trying to foist that responsibility onto others. John McCollum was also deeply troubled and an alcoholic.

Point of View - Other

Parents: Most parents are concerned about what their children are listening Children: Fans: Artists:

Issue

Osbourne and CBS were negligent in the dissemination of Osbournes recorded music Intentionally disseminated that music with knowledge that it would produce an uncontrollable impulse to self-destruction in persons like John Intentionally aided, advised or encouraged Johns suicide, a right of action for civil damages.

Legal Concepts

Plaintiff: Penal Code section 401, thus giving plaintiffs, as members of a group intended to be protected by that statue, a right of action for civil damages. Defendant: Osbournes recorded music did not, as a matter of law, negligently or intentionally invade any right of plaintiffs or constitute a violation of Penal Code section 401. 1st Amendment Freedom of Speech Aka - CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF
RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

Interpretation, inferences and conclusion

CBS won the case.

Implications

If the plaintiffs had won the case then artists would be unwilling to produce music under fear of being persecuted.

Consequences

Protected artists, and 1st Amendment.

Final Thoughts

Add song clip