Put on your party hats because oral arguments are in full swing at the Supreme Court. I love this time of year. It’s an all out jurisprudential bash filled with judicial supremacy, strict scrutiny and a delicious side of the sweet and sassy Ruth Bader Ginsburg. This term should be an interesting one, with the court taking on a host of different issues, despite their avoidance of the same-sex marriage question. One case that particularly caught my eye, however, is that of Elonis v. United States.
This should prove to be one of the more compelling First Amendment cases that the court has taken up in some time. For those of you that are unfamiliar, the issue at hand here is the concept of making threats over Facebook, what exactly constitutes a threat and, most interesting to me, does it matter if the threat is levied via hip-hop verse? This third question could prove to have wide-reaching effects on an art form that is taking over the social consciousness of our nation’s youth.
This got me to thinking, though, is the concept of aggressive language, specifically directed toward women, a problem that is much larger than this case when it comes to rap? It seems to me that this has become something endemic to hip-hop music as a whole. Which leads me to ask: When is this violent language directed at women by male rappers no longer acceptable?
Now, don’t get me wrong, this is not to say that every rapper utilizes these types of lyrics in their music, and this is certainly not a diatribe against hip-hop as a genre. I love rap music. However, to answer my last question, the point at which the type of language discussed in the Elonis case and seen all over the genre is no longer acceptable should have been the first time it was used. This type of discourse is a remnant of an era when women were viewed in a subservient, second-class context and also evidence of the fact that that era may not have even ended yet.
I fully support a person’s right to express themselves, and this article should not be taken as an opinion either way about how the Elonis case should be decided. I have neither the information nor the education necessary to make any legal claims about that. It is, however, a plea that the youth in this country and around the world become more mindful of the words behind the songs that they both listen to and indirectly promote on forums like Facebook and Spotify. It’s not OK to continue to be complacent about outdated societal gender roles. It has never been OK. This is not an outcry against a genre, this is not meant to be seen as me chastising an art form. This is simply an observation, and a statement to the fact that we can and should be better about this as a society.
So buckle up, folks. This Supreme Court term is going to be a fun one. Make sure to keep an eye out and remain vigilant. Feel free to take a stand, or don’t. Whatever you do, pay attention, because this stuff matters.
Max is a junior studying political science. Have you been following any of the cases on the Supreme Court’s docket? Send all feedback to opinion@dailycardinal.com.
