What are words for?

There has been and always will be different opinions, views on music. World War II hits like Don Ray’s “Beat Me Daddy, Eight to the Bar” never created the level of controversy, like the 60’s hit “Louie, Louie”, a song about a Jamaican sailor, would make its mark in music history, become of the most recorded songs in music history, incite the anger of parents, cross paths with a future President of the United States, and become the center point in a 21 month federal investigation.

Louie, Louie is the only song ever to be a part of a federal investigation. Did willfully playing a 45 rpm record at the wrong speed, making the lyrics indistinguishable justify the call for censorship on the grounds of obscenity?

Harmony Park Ballroom, Anaheim, California

It was in its heyday, located just two miles north of Disneyland, Harmony Park Ballroom was a night club that was staking its claim in music history. Inter-club magazine the “Dumb Angel Gazette” wrote about how “Harmony Park” was only one of two hot spots for up and coming groups. There “Dick Dale & Dale Tones” battled it out with music rival Eddie Bertrand of “Eddie and the Snowmen” Harmony Park would play a role in helping the surf music culture take hold. In 1954, Richard Berry formed his group, “The Pharaohs” while working with other groups as a singer song writer.

His experiences with working with Latin and R&B groups, inspired Richard to write a Calypso-style song with influences from Rene’ Touzet’s “ El Loco Cha Cha” and Chuck Berry’s “ Havana Moon”. The lyrics were influenced by Frank Sinatra’s, “One for my Baby”. In 1955 in between sets Richard Berry wrote the lyrics to, “Louie, Louie” on a napkin.

A band gets together

In 1959, five Portland, Oregon teenagers, “Mike Mitchell, Lynn Easton, Jack Ely, Bob Norby, and Don Galluci got together to form a band, “The Kingsmen”. They played all venues they could get. Like many bands, they had no original music of their own, so they played music from country, Elvis, the Ventures and R&B. In time, they became one of the popular bands in the Portland area. Five years later, The Kingsmen would get their first opportunity, at Portland’s Northwest Recording Studios, the session cost between $36-$50 dollars. Their first song recorded was, “Louie, Louie”. It was going to be a demo tape for a job aboard an Australian cruise liner, but after hear the tape, the company rejected them.

Early technology: monaural vs stereo

By today’s standards, “Louie, Louie” would have a poor quality sound, back then monaural was the standard for its day, but stereo was just in its infancy starting to take off, stereo recording were very expensive, mono was very affordable. Mono is still used today, AM Talk radio, public address systems. When The Kingsmen recorded their version of “Louie, Louie” in mono format. The difference is mono uses one channel while stereo uses two or more channels producing superior sound quality.

On a vinyl record, there is a v-groove cut into the record, then the music was magnetically encoded to only one side of the v-groove. On stereo, the music is encoded on both sides of the v-groove, producing a much cleaner sound.

One recording session, two versions, an urban legend,

In many music circles, there is an urban legend on that recording session, “Louie, Louie” was recorded in one session, producing the sound that everyone has heard, but how the sound was achieved is the shrouded in controversy. Today there are two versions of what supposed to have happened. Here, I present by versions: The first is by former lead singer, “Jack Ely”, the second version is by Cindy Lindahl, Robert Lindahl’s daughter.

Jack Ely’s version:

The studio was a good one, but it was primarily used for radio commercials, voice overs and movie sound track enhancements, but not very many live bands. Also during the recording of “Louie, Louie” and “Haunted Castle” (the B-side), (engineer, Robert Lindahl) was locked out of the sound booth and Ken Chase, aka Mike Korgan was at the controls and actually produced and engineered the session. Mr. Chase directed us to set up our amplifiers and drums in a circle. I stood in the middle of the circle and sang or rather yelled up a boom mic that was suspended about four or five feet above my head. There were other mics on the amplifiers and one on the bass drum and one near the snare drum under the symbols, but they were used for definition. Basically the whole thing was recorded on one overhead mic to capture that “live sound” Mr. Chase said we sounded like we did at his teen club. During the guitar solo, the mic in Mike’s amp was turned up slightly for definition is what Mr. Chase said. He was delighted with the sound he got.

Cindy Lindahl’s version:

Despite rumors to the contrary, the studio they used was neither primitive nor amateurish but outfitted with the latest equipment of the day and staffed by competent experienced professionals. An urban legend has existed for years that Jack Ely, sang the lyrics into an overhead boom mic suspended ten feet in the air. The truth is that the “hollow” sound of the recording can be attributed to the band itself. A short time later. Paul Revere and the Raiders recorded “Louie, Louie” at the same studio with the same engineer, Robert Lindahl, creating a much fuller sound.

Radio DJ’s

Arnie “Woo, Woo” Ginsburg

On the east coast, Boston, Massachusetts, late night radio listeners would tune into WMEX (1510 AM), Arnie “Woo, Woo” Ginsburg took to the airways. He earned his nickname, “Woo, Woo” from the wooden train whistle he used during his show. Unlike many DJ’s today, Arnie had total control over what he played. It was in 1964 that Arnie unintentionally made, “Louie, Louie” one of rocks anthems. Dick Peterson, “The Kingsmen” drummer, tells the story, “He put us on his show in Boston, which had a huge following on the east coast. He had a contest, rate a record, vote it as the worst record and if you won the audience vote, you stayed on and took on the next record, “Louie, Louie” just won over the to the point of becoming popular”.

Hunter Hancock

He started at “KFVD”, 338 S. Western Ave, Los Angeles, California. There a small business owner bought one hour of time on Hunter’s radio show. The intention was to play jazz to appeal to the African American community. What makes Hunter Hancock unique is that he was a Caucasian man playing R&B music, the genre of music that would evolved into “Rock n’ Roll” It was Hunter that introduced R&B music to groups the “Beach Boys” and Nancy Sinatra. Hunter Hancock was also the man who introduced a generation of Caucasian children onto African American music and culture. He is also recognized as the first DJ to play “Louie, Louie” on the west coast

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“What are words for if no one is listening?”

According to FBI records the investigation was sparked by an irate parent, who was a teacher at Sarasota High school in Sarasota, Florida wrote a letter to the Department of Justice headed by Robert F Kennedy asking for an investigation:

FEB 7, 1964

Mr. Robert F, Kennedy

Attorney General USA

Washington, D.C.

Dear Mr. Kennedy,

Who do you turn to when your teenage daughter buys and brings home pornographic or obscene materials being sold along with objects aimed at the teenage market in every City, Village, and Record shop in this nation?

My daughter brought home a record of “Louie, Louie” and I, after reading that the record had been banned from playing on the air because it was obscene, proceeded to try to decipher the jumble of words. The lyrics are so filthy that I can-not enclose them in this letter.

This record is on the WAND label # 143-A and recorded by The Kingsmen “a Jerden Production by Ken Chase and Jerry Dennon” and there address 1650 Broadway New York, N.Y.”

I would like to see these people, the “artists”, the Record Company and the promoters prosecuted to the fullest extent of the law.

We all know there is obscene materials available for those who seek it, but when they start sneaking in this material in the guise of the latest ‘teen age rock & roll hit record these morons have gone too far.

This land of ours is headed for an extreme state of moral degradation what with this record, the biggest hit movies and the sex and violence exploited on T.V.

How can we stamp out this menace?????

F.B.I., F.C.C., U.S.P.S

It will never be known who or why or where it started but, the most accepted idea on how it all began, is that someone played a 45 rpm record at 33 1/3 rpms. This slower speed even with the equipment at the time made the lyrics unintelligible. Lyrics such as; “A fine little girl” may suddenly be heard as “A fine little bitch.”

FBI

As the FBI investigation got underway they used the “ITOM”, Interstate Transportation Act of Obscene Material” act as the bases for its investigation, the USPS used the “Comstock Act of 1873” and the FCC used: “18 USC, Production and transportation of obscene matters for sale or distribution,”

(The USPS did in-fact conduct an investigation, details about the case are not available to the public)

Copies of the record were sent to Tampa, Florida, Indiana, San Diego, California, and associates at the Limax Record Company would be a part of the investigation.

• A record store in Crown Point, Indiana was subjected to an undercover check on how the record was displayed and how the transaction was conducted.

• On March 24, 1964, Attorney for the United States, Lester R Irwin NDI of Hammond, Indiana, advised that the facts to date indicate possible violations, Section 1465, Title 18 “Production and transportation of Obscene Material for sale or distribution.” If the records were obscene he would consider prosecution whenever that determination was made. Audio lads in Tampa, Indiana and Sand Diego examined the record at different speeds, between 16 and 78 rpms, they determined that any obscenity could not be established or found.

• In May of 1964 AUSA, Lester R Irwin advised that he would decline prosecution on this case since the FBI audio labs could not determine if there was anything obscene on the record.

FCC

The same attorney that was in charge of the FBI investigation, Lester R Irwin also took part in the FCC investigation, which paralleled the FBI investigation. Labs in New York, Detroit, LA and San Diego spent weeks reviewing and studying the record, at different speeds, determined that nothing obscene or offensive could be found.

• On June 25 1965, the Attorney in charge D. Grace was advised that the FCC determined that any person can play any 45 rpm record at a reduced speed and imagine obscene words depending on their imagination.

• Between June and December of 1965 guidelines were established to handle any possible future complaints, December 1965 all investigations were closed.

What determines obscenity?

Music is protected by the “First Amendment”, but when it comes to declaring something obscene, there is established legal precedent:

The Miller Test

Obscene material is not protected by the “First Amendment”, (Roth vs United States, 354 U.S. 476. A work may be subject to state regulation where that work, taken as a whole, appeals to the prurient interest in sex; portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and taken as a whole does not have serious literary, artistic, political, or scientific value. Pp 23-24

The basic guidelines for the trier of fact must be:

1. Whether “The average person, applying contemporary community standards” would find that work, taken as a whole, appeals to the prurient interest. [Roth, Supra, at 489]

2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law and

3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. If a state obscenity law is thus limited, “First Amendment” values are adequately protected by the ultimate independent appellate review of constitutional claims when necessary.

One would think that such investigations would have become a thing of the past, contrary to such wishful thinking, censorship is more active than ever. In February 2012, the Russian Punk Rock Band: “Pussy Riot” held a surprise performance in front of Moscow’s “Cathedral of Christ the Savior,” there they played a music video, “Punk Prayer-Mother of God chase Putin away!” President Putin did appreciate it, the group was arrested and on August 17, 2012 two members of the band were convicted of “Hooliganism motivated by offensive or hidden lyrics” While the “Louie, Louie” investigation one of its kind, today it’s not uncommon for even social media to ban, censor, those that disagree with them. Even though the music is protected by the “First Amendment” music groups like “Judas Priest” were accused of creating music that was responsible for a fans suicide.

Clearly, future cases will make their way through the American court system, leaving it up to a judge or jury to decide what is obscene.

In the end, it all comes down to music lyrics, but if no one takes time to hear them, “What are words for?”