1. Mindful of the text, the authors have forsworn cardigan garb.

  2. See, e.g., FRANCIS CANAVAN, FREEDOM OF EXPRESSION: PURPOSE AS LIMIT (1984); JOHN H. GARVEY & FREDERICK SCHAUER, THE FIRST AMENDMENT: A READER 36 (1992); STEVEN H. SHIFFRIN, THE FIRST AMENDMENT, DEMOCRACY, AND ROMANCE (1990).

  3. See, e.g., Thomas I. Emerson, Toward a General Theory of the First Amendment, 72 YALE L.J. 877, 881­82 (1963).

  4. See, e.g., Ronald Dworkin, The Coming Battles over Free Speech, N.Y. REV. BOOKS, June 11, 1992, at 55, 56­57.

  5. For representative collections of such approaches, see GARVEY & SCHAUER, supra note 2, at 35­145, and GEOFFREY R. STONE, LOUIS M. SEIDMAN, CASS R. SUNSTEIN & MARK V. TUSHNET, CONSTITUTIONAL LAW 1017­24 (2d ed. 1991). But see RODNEY A. SMOLLA, FREE SPEECH IN AN OPEN SOCIETY 5 (1992); Lawrence Alexander & Paul Horton, The Impossibility of a Free Speech Principle, 78 NW. U. L. REV. 1319 (1983) (reviewing FREDERICK SCHAUER, FREE SPEECH: A PHILOSOPHICAL ENQUIRY (1982)).

  6. See SEBASTIAN DE GRAZIA, MACHIAVELLI IN HELL 385 (1989), adapted from Niccolo Machiavelli, The Mandrake, in 1 THE CLASSIC THEATRE 1, 10 (Eric Bentley ed., 1958).

  7. NICCOLO MACHIAVELLI, THE PRINCE 61 (Harvey Mansfield trans., 1985).

  8. Cf. LEONARD W. LEVY, EMERGENCE OF A FREE PRESS at x (1985) ("From a far more thorough reading of American newspapers of the eighteenth century I now know that the American experience with a free press was as broad as the theoretical inheritance was narrow.").

  9. Although we appropriate Professor Pocock's title for our own purposes, we do not thereby ascribe his meaning to our work. See J.G.A. POCOCK, THE MACHIAVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION (1975).

  10. These and related points are discussed more fully in the articles listed on the Title Page.

  11. See THE GROVE CONCISE DICTIONARY OF MUSIC 567 (Stanley Sadie ed., 1988).

  12. See THE PENGUIN ENCYCLOPEDIA OF POPULAR MUSIC 598­99 (Donald Clarke ed., 1990) [hereinafter POPULAR MUSIC] (although Jarrett does play other instruments, piano is his primary one).

  13. P. 251.

  14. See The First Amendment in an Age of Paratroopers.

  15. See Commerce & Communication.

  16. See RONALD K.L. COLLINS & DAVID M. SKOVER, Discourse & Intercourse, in THE DEATH OF DISCOURSE (forthcoming).

  17. In our forthcoming book, The Death of Discourse, we do just this. Here, as there, we examine the predominant culture of discourse in America today. Notwithstanding what is otherwise discussed in this essay, we do not deny the obvious, that there are pockets of culture and discourse that differ from the characterizations we give here. Yet, apart from the likes of the Amish, even those pockets may not be entirely insulated from the influences of our popular commercial culture.

  18. SMOLLA, supra note 5.

  19. LUCAS A. POWE, JR., THE FOURTH ESTATE AND THE CONSTITUTION: FREEDOM OF THE PRESS IN AMERICA (1991).

  20. MARGARET A. BLANCHARD, REVOLUTIONARY SPARKS: FREEDOM OF EXPRESSION IN MODERN AMERICA (1992).

  21. GARVEY & SCHAUER, supra note 2.

  22. WILLIAM IRWIN THOMPSON, THE AMERICAN REPLACEMENT OF NATURE: THE EVERYDAY ACTS AND OUTRAGEOUS EVOLUTION OF ECONOMIC LIFE 2 (1991).

  23. Walter Goodman, And Now, Heeeeeeeere's a Referendum!, N.Y. TIMES, June 21, 1992, at H25.

  24. P. 241 (referring to an exchange between the talk­show host Mort Downey, Jr. and his audience). "Headlines have a way of becoming dead­lines pretty fast in the media age­Mort Downey already seems a prehistoric ancestor of tabloid TV." Carlin Romano, Vulgarity: It's All the Rage in this Age, PHILA. INQUIRER, June 21, 1992, at N3.

  25. P. 202.

  26. P. 7.

  27. P. 219.

  28. See Paratroopers, supra note <<dagger>>, at 1090­93.

  29. P. 240.

  30. P. 237.

  31. See Rick du Brow, Cosby Finale: Not All Drama Was in the Streets, L.A. TIMES, May 2, 1992, at F1.

  32. See John E. Yang & Ann Devroy, Quayle: Hollywood Doesn't Get It, WASH. POST, May 21, 1992, at A1; see also Bill Carter, Back Talk from Murphy Brown to Dan Quayle, N.Y. TIMES, July 20, 1992, at B4 ("'Murphy Brown' will seek revenge on Vice President Dan Quayle in the opening episode of the hit CBS comedy series ....").

  33. Richard Tapscott, "Murphy" Crew Snubs Quayle's Baby Gift, WASH. POST, Sept. 22, 1992, at A10.

  34. See Elizabeth Kolbert, Whistle­Stops a la 1992: Arsenio, Larry and Phil, N.Y. TIMES, June 5, 1992, at A1; David Maraniss, Tooting His Own Horn: Clinton's Team Sees Arsenio Gig as Triumph, WASH. POST, June 5, 1992, at C1.

  35. See ALLAN BLOOM, THE CLOSING OF THE AMERICAN MIND (1987).

  36. See Paratroopers, supra note <<dagger>>, at 1103 n.88.

  37. Pp. 249­50.

  38. This is the chorus line from the 1967 hit by Sonny & Cher, The Beat Goes On. See SONNY BONO, AND THE BEAT GOES ON (1991); POPULAR MUSIC, supra note 12, at 1096.

  39. JOHN HOHENBERG, FREE PRESS/FREE PEOPLE: THE BEST CAUSE (1971).

  40. Richard Hamilton, Just What Is It That Makes Today's Homes So Different, So Appealing? (1956), reproduced in MARCO LIVINGSTONE, POP ART: A CONTINUING HISTORY 35 (1990).

  41. The presence of this work on the cover is ironic given Twitchell's observation that the adage "you can't judge a book by its cover" is inappropriate in today's publishing world. "You must be able to judge content by cover, ... by the background alone." P. 108.

  42. Horace Vernet, Carlo Alberto (1834) (Galleria Sabauda, Turin); see p. 24.

  43. P. 266.

  44. P. 23.

  45. P. 15.

  46. Pp. 2­3, 23­24, 267­68.

  47. P. 2.

  48. P. 23.

  49. P. 2.

  50. For Twitchell's account of the differences between popular and folk cultures, see pp. 42­43.

  51. P. 2.

  52. Pp. 2­3. Sociology and communications professor Stuart Ewen makes a similar point:

    The carnival, as a form of market place behaviour, took the liturgies of the church, the official dress patterns of the church, the traditional ideals and practices of the dominant religious structure, and created liturgies which on one hand drew upon those resources and on the other hand turned them upside down, creating something totally new. Instead of the vision of baptism that was being promulgated by the patriarchal church, carnival revelers were baptizing pigs, and instead of elevating the clergy, they mocked them. Carnival revelers made the high low, the low high.

    Mark Dery, Oppositional Cultures: A Conversation with Stuart Ewen on Culture Jammers, Social Activism and the New Iconography, ADBUSTERS Q., Summer/Fall 1992, at 59, 60.

  53. P. 161.

  54. See pp. 83­84.

  55. See pp. 140­41.

  56. See pp. 213­14 (discussing syndication and cable television); pp. 149­52 (describing the rewarding aftermarket for videocassette sales); pp. 141­43 (exploring merchandising rights).

  57. See MIKE MYERS & ROBIN RUZAN, WAYNE'S WORLD: EXTREME CLOSE­UP (1991).

  58. P. 6.

  59. P. 262 (quoting Carl Bernstein, The Leisure Empire, TIME, Dec. 24, 1990, at 56, 59).

  60. P. 250.

  61. P. 224.

  62. P. 259.

  63. P. 258.

  64. Relating capitalism to the pleasure principle, Twitchell remarks: "Say what you like about capitalism, its mindless and amoral drive to open up and saturate markets has ironically returned us to ... a resurgence of irreverence, an uninformed populace responding with undisciplined glee to the common experience, an acknowledgement of the untranscendent joy of the senses." P. 65.

  65. In discussing postmodernism, "the high take on low culture," Twitchell asks pointedly: "Is everything up for grabs? If taste is by definition oppressive, then does equality mandate tastelessness? ... If so, the triumph of the vulgar may be the ultimate romantic aesthetic statement." Pp. 48­49. To all appearances, Twitchell has answered his own questions.

  66. P. 258 (quoting PENGUIN DICTIONARY OF MODERN HUMOROUS QUOTATIONS 248 (Fred Metcalf ed., 1986). Twitchell adds:

    Let me belabor the obvious: sooner or later, if they are to survive, all mass media become audience reflectors and magnifiers of the here and now.... When they stop reflecting and magnifying, they stop entertaining. Of all media, television has the most powerful lens.... And what we see, if we are properly focused, is into the commonest of concerns, the most fundamental anxieties, the wish­fulfillment of the mass of people with (or with access to) disposable income.

    P. 258; see also p. 206 ("Although the critical cant of the Left is that the media are manipulated by a few powerful business interests, the reverse is far more accurate. In no other industry are the promulgators manipulated so completely by the seeming whimsy of so many.").

  67. Pp. 206­07.

  68. P. 195. Twitchell describes this phenomenon:

    We do not "watch" television programs; we sample, taste, choose, reject, and consume bits and pieces. A never­ending flow crosses the screen, and we dip from one flow to another, often watching two or three different "programs" at once.... Young watchers even have a "nesting channel" from which they start their diurnal migration. Programmers refer to this activity as "video grazing" or "video surfing."

    P. 195; see also pp. 195­96 (noting various studies).

  69. P. 201.

  70. P. 212.

  71. P. 207.

  72. See p. 212 ("Is television getting better? Most critics would say no. It is only getting better at what it does badly.").

    Of course, entertainment has trumped enlightenment in the other mass media industries as well. See p. 117 (referring to today's publishing world as "'a combination hall of mirrors, MTV video, commodities pit, cocktail party, soap opera, circus, fun house, and three­card monte game"') (quoting Gerald Howard, Mistah Perkins­He Dead: Publishing Today, 58 AM. SCHOLAR 355, 369 (1989)); p. 124 ("The secret to all category publishing, as in profitable television programming and movie­making, is to sell the product like fast food. They are franchise entertainments­McGenres­books aspiring to the condition of hamburgers.").

  73. See p. 199 ("The availability of three channels or thirty channels does not change the product differentiation. All networks ultimately behave as one, as do all shows inside a genre."); p. 215 ("Cable television has shown students of carnival that the audience that claims to want stimulating programming is really watching the same four or five shows as the rest of us."); p. 216 ("The nationally subsidized network, the Public Broadcasting System, instead of elevating its fare, actually has had to settle for more common entertainment to survive.... Most of public broadcasting is looking increasingly like network television."); see also Mary Bruno, Crunch Time at KCTS, SEATTLE WKLY. MAG., Mar. 28, 1990, at 28 (account of one public television station's struggles to withstand the economic assault on diversity programming); Walter Goodman, Pull the Plug on PBS?, N.Y. TIMES, Mar. 22, 1992, at H33 (public television's traditional claim to noncommercialized broadcasting is threatened as "many public stations are themselves selling commercial spots, called 'enhanced underwriting' by PBS euphemists").

  74. P. 50.

  75. P. 195.

  76. See, e.g., Catherine S. Manegold, A Grim Wasteland on News at Six: New York's Bleak Image is Played Out Nightly, N.Y. TIMES, June 14, 1992, at A41.

  77. See, e.g., ABC News President Pressures Affiliates to Air 'Nightline' Live, WALL ST. J., June 4, 1992, at B6; see also Joe Mandese, ABC to Try Home Shopping Show, ADVERTISING AGE, Sept. 7, 1992, at 1 (one­hour home shopping program to follow Nightline).

  78. Bill Moyers, Old News and the New Civil War, N.Y. TIMES, Mar. 22, 1992, at E15.

  79. See generally TIMOTHY M. PHELPS & HELEN WINTERNITZ, CAPITOL GAMES: CLARENCE THOMAS, ANITA HILL, AND THE STORY OF A SUPREME COURT NOMINATION (1992).

  80. See, e.g., Kiku Adatto, The Incredible Shrinking Sound Bite, NEW REPUBLIC, May 28, 1990, at 20; Howard Kurtz, Networks Adapt to Changed Campaign Role, WASH. POST, June 21, 1992, at A19 (average video clip of a presidential candidate dwindled from 42.3 seconds in 1968 to 7.3 seconds in early 1992); Anna Quindlen, At the Circus, N.Y. TIMES, Sept. 11, 1990, at A23; John Tierney, Sound Bites Become Smaller Mouthfuls, N.Y. TIMES, Jan. 23, 1992, at A1.

  81. See, e.g., Richard L. Berke, Mixed Results for CBS Rule on Sound Bite, N.Y. TIMES, July 11, 1992, at A7; A Bite in the Right Direction, L.A. TIMES, July 7, 1992, at B6.

  82. See Jim Benson, Sound Bites May Bite Dust at CBS, VARIETY, July 20, 1992, at 24.

  83. See, e.g., John J. O'Connor, Onscreen Journalism: Show Biz or News?, N.Y. TIMES, May 14, 1992, at C17 ("[T]he line between journalism and entertainment on television, always rather delicate, has become just about invisible.").

  84. See generally Thomas B. Rosenstiel, Talk­Show Journalism, in THE FUTURE OF NEWS: TELEVISION­NEWSPAPERS­WIRE SERVICES­NEWSMAGAZINES 73 (Philip S. Cook, Douglas Gomery & Lawrence W. Lichty eds., 1992) (discussing the effects of the talk­show culture on print journalism).

  85. Convention correspondent and Saturday Night Live comedian, Al Franken, summed it up well: "It is perhaps fitting that Comedy Central is bringing you about twice the coverage of any of the major broadcast networks, living as we do in an era where the wall between news and entertainment has been eaten away like the cartilage in David Crosby's septum." Robert Goldberg, The Boom­Boom Ticket, WALL ST. J., July 20, 1992, at A8 (referring to the one­time cocaine habits of David Crosby of the supergroup Crosby, Stills & Nash).

  86. See, e.g., Elizabeth Kolbert, For Talk Shows, Less News is Good News, N.Y. TIMES, June 28, 1992, at E2; Elizabeth Kolbert, Talk Shows Wrangling to Book the Candidates, N.Y. TIMES, July 6, 1992, at A10; Kolbert, supra note 34, at A18 (television talk­shows referred to as "new news"); Howard Kurtz, On Television, Candidates Need a Fastball to Hit One Out of the Park, WASH. POST, July 2, 1992, at A10; Jay Rosen, Discourse, COLUM. JOURNALISM REV., Nov./Dec. 1992, at 34 (discussing TV talk­shows and 1992 presidential campaigns); Tom Shales, On the Tube: All Talked Out, WASH. POST, Nov. 2, 1992, at D1 (noting role of talk­shows in 1992 presidential campaigns).

  87. Cartoon by Jim Borgman, reprinted in WASH. POST, June 27, 1992, at A19.

  88. Carl M. Cannon & Marc Gunther, From the Campaign Trail to the Talk­Show Circuit, PHILA. INQUIRER, June 21, 1992, at C6.

  89. BERTOLT BRECHT, THE THREEPENNY OPERA (Desmond Vesey & Eric Bentley trans., 1964); KURT WEILL, THE THREEPENNY OPERA (CBS Masterworks 1982).

  90. POPULAR MUSIC, supra note 12, at 315. Mack the Knife placed first on Billboard magazine's "Top 40" chart for 1959. JOEL WHITBURN, BILLBOARD: TOP 1000 SINGLES 1955­1990, at 40 (1991).

  91. See, e.g., M. George Stevenson, They Sing When They're Hungry, NEWSDAY, Dec. 15, 1989, at 80.

  92. BRECHT, supra note 89, at 94.

  93. THE HOME BOOK OF QUOTATIONS 2099 (Burton Stevenson ed., 10th ed. 1967) (citing LOUISE CREIGHTON, LIFE AND LETTERS OF MANDELL CREIGHTON (1913)). Creighton was an English historian who became the first professor of ecclesiastical history at Cambridge in 1884, and later became the bishop of Peterborough in 1891 and bishop of London in 1896.

  94. Newton Minnow, Address to the Broadcasting Industry, in THE AMERICAN READER: WORDS THAT MOVED A NATION 318, 320 (Diane Ravitch ed., 1991).

  95. See ARISTOTLE, NICOMACHEAN ETHICS (W.D. Ross trans., 1984), reprinted in A NEW ARISTOTLE READER 363, 363 (J.L. Ackrill ed., 1987).

  96. See generally ARISTOTLE, ON RHETORIC: A THEORY OF CIVIC DISCOURSE (George A. Kennedy trans., 1991).

  97. See generally 1 WERNER JAEGER, PAIDEIA: THE IDEALS OF GREEK CULTURE (Gilbert Highet trans., 2d ed. 1945).

  98. SMOLLA, supra note 5, at 4. Smolla defines commitment to "an open culture" as protecting not only "political discourse" but also "the infinite range of artistic, scientific, religious, and philosophical inquiries" from censorship. Id.

  99. Evelyn Toynton, Just How Vulgar Are We?, N.Y. TIMES, Apr. 12, 1992, § 7, at 12 (review of Carnival Culture).

  100. NORM GOLDSTEIN, THE HISTORY OF TELEVISION 15 (1991) (quoting E.B. White).

  101. Although we find Twitchell's metaphor of the Carnival useful in representing much commercialized mass discourse in the modern popular culture, we are aware of the metaphor's potential to eclipse a more exacting account of such communication. See JOHN FISKE, READING THE POPULAR 13 (1989). With this cautionary note, we invite the reader to explore with us the aspects of popular culture that more or less resemble the Carnival. See note 17 supra; text accompanying note 165 infra. At a time when First Amendment jurisprudence pays virtually no attention to the workings of our mass commercial and entertainment culture, the Carnival metaphor is an often necessary antidote to the myopia of traditional free speech law.

  102. See generally HOWARD RHEINGOLD, VIRTUAL REALITY (1991). Succinctly put, virtual reality is the phenomenon of "grasping reality through illusion" created by electronic technology. Id. at 13; see also Mark Potts, 'Virtual Reality': Sci­Fi Technology on Verge of Billion­Dollar Boom, WASH. POST, Aug. 16, 1992, at H1.

  103. Milk Wagon Drivers Union Local 753 v. Meadowmoor Dairies, Inc., 312 U.S. 287, 293 (1941).

  104. See, e.g., SUT JHALLY & JUSTIN LEWIS, ENLIGHTENED RACISM: THE COSBY SHOW, AUDIENCES, AND THE MYTH OF THE AMERICAN DREAM 15­33 (1992).

  105. Walter Goodman, Appropriating History to Serve Politics on TV, N.Y. TIMES, Oct. 7, 1991, at C16 (noting President Bush's appearance on the 25th Annual Country Music Awards and The Heroes of Desert Storm). See generally TRIUMPH OF THE IMAGE: THE MEDIA'S WAR IN THE PERSIAN GULF­A GLOBAL PERSPECTIVE (Hamid Mowlana, George Gebner & Herbert Schiller eds., 1992). Professors Sut Jhally and Justin Lewis provide a particularly forceful account of televisual logic in the context of race relations. Their research suggests that, all too easily, television viewers may associate the Huxtable family of The Cosby Show with the African­American experience, thereby relating the "reality" of the show with the common experience of African­Americans. The Rodney Kings who do not fit the Huxtable mold, then, can be judged harshly­and without any sense of racism. See generally JHALLY & LEWIS, supra note 104; JUSTIN LEWIS, THE IDEOLOGICAL OCTOPUS: AN EXPLORATION OF TELEVISION AND ITS AUDIENCE 159­202 (1991).

  106. See Stuart Elliott, NBC Still Aims for the Gold in Its Olympic Sales, N.Y. TIMES, July 23, 1992, at C1; Stuart Elliott, The Next Olympian You See May Be an Actor in Shorts, N.Y. TIMES, Aug. 4, 1992, at D16; Bruce Horowitz, Dream Team's Fragile Sheen, L.A. TIMES, July 7, 1992, at D1.

  107. JEAN BAUDRILLARD, REVENGE OF THE CRYSTAL: SELECTED WRITINGS ON THE MODERN OBJECT AND ITS DESTINY, 1968­1983, at 63 (Paul Foss & Julian Pefanis eds. & trans., 1990) (emphasis deleted from original).

  108. Id. at 92. Professor Baudrillard adds: "Language becomes an object of consumption ... from the moment that language, instead of being the means of exchange, becomes the material of exchange for the private use of a group of class ...." Id. at 96 n.16.

  109. Kenneth Cmiel, The Language of Media, Politics and Public Life, 5 MEDIA STUD. J. 189, 197 (1991); see also JEFFREY C. GOLDFARB, THE CYNICAL SOCIETY: THE CULTURE OF POLITICS AND THE POLITICS OF CULTURE IN AMERICAN LIFE 10, 12, 30 (1991) (considering the cultural and sociological bases and implications of cynicism in American life and politics).

  110. See note 32 supra and accompanying text.

  111. JHALLY & LEWIS, supra note 104, at 31.

  112. Texas v. Johnson, 491 U.S. 397, 432 (1988) (Rehnquist, C.J., dissenting).

  113. The expression in the text comes from the Twin Peaks television series and is the subtitle of the 1992 movie. See Andrew Pollack, Export News: "Twin Peaks" Mania Peaks in Japan, N.Y. TIMES, Aug. 2, 1992, at H18. See generally Richard Corliss, Czar of Bizarre, TIME, Oct. 1, 1990, at 84 (profile on David Lynch).

  114. GOLDFARB, supra note 109, at 7.

  115. See Anthony Lewis, Governing by Television, N.Y. TIMES, June 7, 1992, at E19.

  116. Id.

  117. THE FEDERALIST NO. 10, at 62 (James Madison) (Jacob E. Cooke ed., 1961).

  118. See THE FEDERALIST NO. 39, at 251 (James Madison) (Jacob E. Cooke ed., 1961).

  119. Lewis, supra note 115, at E19 (quoting Frank Borman, former advisor to Ross Perot, on Perot's proposed electronic town hall).

  120. Goodman, supra note 23, at H25.

  121. Id.

  122. The fact that Mr. Perot ultimately lost his presidential bid says more about the man than about his approach to television democracy.

  123. George Gilder describes the "telecomputer" as "a personal computer adapted for video processing and connected by fiber­optic threads to other telecomputers all around the world. Using a two­way system of signals like telephones do, rather than broadcasting one­way like TV, the telecomputer will surpass the television in video communication ...." GEORGE GILDER, LIFE AFTER TELEVISION: THE COMING TRANSFORMATION OF MEDIA AND AMERICAN LIFE 31 (W.W. Norton & Co. 1992) (1990).

  124. Id. at 30.

  125. Id.

  126. Id. at 32.

  127. Id. at 43.

  128. See W. RUSSELL NEUMAN, THE FUTURE OF THE MASS AUDIENCE (1991).

  129. W. Russell Neuman, The Mass Audience, 5 MEDIA STUD. J. 156, 157 (1991); see also NEUMAN, supra note 128, at 41­43.

  130. NEUMAN, supra note 128, at 42.

  131. Id.; see also id. at 158.

  132. Id. at 162.

  133. 111 S. Ct. 2456 (1991) (holding that enforcement of a public indecency statute requiring dancers to wear, at a minimum, pasties and a G­ string does not violate the First Amendment).

  134. 475 U.S. 41 (1986) (holding that a zoning ordinance prohibiting adult motion pictures within 1000 feet of any residential zone, dwelling, church, park, or school does not violate the First Amendment).

  135. See Dworkin, supra note 4, at 56­57.

  136. See DAVID DALTON, JAMES DEAN: AN AMERICAN ICON (1984).

  137. See JOHN WESLEY HARDING, WHY WE FIGHT (Sire Records 1992).

  138. See Mick Wall, Guns 'n Roses: The Most Dangerous Band in the World (1991).

  139. See Ellen K. Coughlin, X, CHRON. HIGHER EDUC., Oct. 7, 1992, at A8 ("Behind the reemergence of the slain black nationalist leader is a complex mix of crass commercialism and serious politics."); Phill Patton, Who Owns 'X'?, N.Y. TIMES, Nov. 8, 1992, § 9, at 1 (quoting a spokesman and a legend for an X­ brand product: "'X' is a concept.... 'X' stands for the unknown. The unknown language, religion, ancestors and cultures of the African American.... We dedicate this product to the concept of 'X."').

  140. See WILLIAM SHAKESPEARE, THE TRAGEDY OF MACBETH act 5, sc. 5, 11. 25­26, in SHAKESPEARE: THE COMPLETE WORKS 1216 (G.B. Harrison ed., Harcourt, Brace & World 1952).

  141. See BLANCHARD, supra note 20, at 480; CULTURE WARS: DOCUMENTS FROM THE RECENT CONTROVERSIES IN THE ARTS 309 (photo) (Richard Bolton ed., 1992) [hereinafter CULTURE WARS]; Mary­Margaret Goggin, "Decent" vs. "Degenerate" Art: The National Socialist Case, ART J., Winter 1991, at 84, 90; Lucy Lippard, Andres Serrano: The Spirit and the Letter, in CULTURE WARS, supra, at 201 (exerpt from article appearing in Art in America, Apr. 1990); Rev. Donald Wildman, Letter Concerning Serrano's Piss Christ (Apr. 5, 1989), in CULTURE WARS, supra, at 27.

  142. Serrano's series of graphic photos of scenes involving urine proved controversial primarily because they were supported by a grant from the National Endowment for the Arts. See BLANCHARD, supra note 20, at 480. The issue of governmental funding aside, the photos are perfectly suited for display in the Carnival's gallery.

  143. ADBUSTERS Q., Summer 1990, at inside cover.

  144. ADBUSTERS Q., Winter 1989­90, at inside cover. Consider another such example: an advertising photo of a high­gloss and expensive coffin with the caption "Absolute Silence" and the subtext "The birthdays, the graduation, the wedding day ... we were there to toast them all. So from one great spirit to another, here's to the most enduring ritual of all." ADBUSTERS Q., Summer/Fall 1992, at inside cover.

  145. The Tools for Detox, ADBUSTERS Q., Summer 1990, at 18, 18­19.

  146. Dery, supra note 52, at 61­62; see also MARK DERY, CULTURE JAMMING: HACKING, SLASHING AND SNIPING IN THE EMPIRE OF IMAGES (The Immediast Underground Pamphlet Series No. 2, 1992); Ronald K.L. Collins, Waging War on Culture Pollution, L.A. TIMES, Nov. 22, 1992, at M2.

  147. Dery, supra note 52, at 62.

  148. See, e.g., Barry Brown, Magazine's Parody Make Marketer Absolut­ely Mad, ADVERTISING AGE, July 27, 1992, at 3; Kalle Lasn & Bill Schmalz, Absolut Debacle, ADBUSTERS Q., Summer/Fall 1992, at 2.

  149. See, e.g., Brown, supra note 148, at 42.

  150. See Bruce Horovitz, Can Ads Help Cure Social Ills, L.A. TIMES, June 2, 1992, at D1.

  151. See Ronald K.L. Collins, Sneakers That Kill: Kids and Conspicuous Consumption, ADBUSTERS Q., Summer 1990, at 33, 33 ("In Baltimore, tennis shoes have become the motive for murder. Kids kill kids for sneakers.").

  152. Alternatively, the Nike caption might read: "Just do it."

  153. P. 245.

  154. CAMILLE PAGLIA, SEX, ART, AND AMERICAN CULTURE at vii (1992).

  155. MAX LERNER, AMERICA AS A CIVILIZATION: LIFE AND THOUGHT IN THE UNITED STATES TODAY 715 (1957).

  156. 2 WALT WHITMAN, Democratic Vistas, in PROSE WORKS 1892: COLLECT AND OTHER PROSE 365 (Floyd Stovall ed., 1964).

  157. Id.

  158. See PAUL SIMON, Graceland, on GRACELAND (Warner Bros. Records 1986).

  159. See MARC COHN, Walking in Memphis, on MARC COHN (Atlantic Records 1991). More recently, the Memphis mansion has inspired a novel by the same name. See LAURA KALPAKIAN, GRACED LAND (1992). TV comedy star, Roseanne Barr Arnold, is making a television movie based on this book.

  160. P. 245.

  161. P. 38.

  162. P. 259 (quoting Martin Esslin, Aristotle and the Advertisers: The Television Commercial Considered as a Form of Drama, in TELEVISION: THE CRITICAL VIEW 260, 271 (Horace Newcomb ed., 3d ed. 1982)); see also Father John Kavanaugh, New Time Religion, ADBUSTERS Q., Winter 1993, at 18 (commercial advertising in mass media as the new religion); Kalle Lasn & Nicholas Racz, An Interview with Sut Jhally, ADBUSTERS Q., Winter 1993, at 22 (same).

  163. PLATO, THE REPUBLIC OF PLATO 194 (Allan Bloom trans., Basic Books 1968).

  164. See text accompanying notes 6­7 supra.

  165. This point is further discussed in Ronald K.L. Collins & David M. Skover, The Psychology of First Amendment Scholarship: A Reply, 71 TEX. L. REV. (forthcoming Mar. 1993) and will be developed as we recast our earlier writings in The Death of Discourse.

  166. TIMOTHY WHITE, ROCK LIVES: PROFILES AND INTERVIEWS 254 (1990).