Aural Sculptors - The Stranglers Live 1976 to the Present


Welcome to Aural Sculptors, a blog aimed at bringing the music of The Stranglers to as wide an audience as possible. Whilst all of the various members of the band that have passed through the ranks since 1974 are accomplished studio musicians, it is on stage where the band have for me had their biggest impact.

As a collector of their live recordings for many years I want to share some of the better quality material with other fans. By selecting the higher quality recordings I hope to present The Stranglers in the best possible light for the benefit of those less familiar with their material than the hardcore fan.

Needless to say, this site will steer well clear of any officially released material. As well as live gigs, I will post demos, radio interviews and anything else that I feel may be of interest.

In addition, occasionally I will post material by other bands, related or otherwise, that mean a lot to me.

Your comments and/or contributions are most welcome. Please email me at adrianandrews@myyahoo.com.


Showing posts with label Dead Kennedys. Show all posts
Showing posts with label Dead Kennedys. Show all posts

Friday, 27 February 2026

Dead Kennedys Lupo's Heartbreak Hotel Providence R.I. 18th April 1985

 


2026 and there seems to be some discord within the US punk fraternity. The cause... Donald Trump. The now annual 'Punk in the Park' Festival, a travelling festival that features many of the luminaries of the early '80s hardcore scene has run into controversy. It would appear that the owner of the festival organisers Brew Ha Ha, one Cameron Collins had made financial contributions to Trumps presidential campaign. The Dead Kennedy's,on the bill when the storm broke, have stated that they will play whilst other bands, notably Ipswich ex-pats, The Adicts have pulled out.



Ex-lead singer, Jello Biafra has been trading insults with his former bandmates since an obscenity trial in 1986 resulted in the band splitting. He offered another sideswipe at Klaus Fluoride and East Bay Ray in the San Francisco Chronical this earlier this week over their decision to play.

Jello Biafra

Dead Kennedys, the incendiary San Francisco punk band that once made a career out of skewering American power, are facing blowback from their former frontman after deciding to play a music festival tied to a major donor to President Donald Trump.

This week, the band confirmed it would honor previously scheduled appearances at the 2026 Punk In the Park festivals in Pittsburgh on April 18 and Vallejo on May 23, despite learning that the festival’s promoter, Cameron Collins of Brew Ha Ha Productions, contributed to Trump’s 2024 presidential campaign. 

“We’ve become aware that the owner of Brew Ha Ha Productions, the company behind Punk In The Park, made financial contributions in support of the Trump administration,” the band wrote in a statement posted Tuesday, Feb. 24. “Our first reaction was to cancel our upcoming appearances. However, we do not feel it would be fair to our supporters who have already purchased tickets & made plans to attend these shows.”

The band added, “Dead Kennedys have always stood firmly against authoritarianism, racism, and fascism. That has not changed. After these scheduled appearances, we will not be participating in future Punk In The Park events.”

The decision did not sit well with Jello Biafra, the band’s original singer and lyricist, who left the group in 1986.

“They’re taking the money $$$, and THEN pulling out? The real Dead Kennedys would never have let this happen in the first place,” Biafra said in a statement to Stereogum. “One more sordid reason I don’t ever want to play with them again.”

The comments highlight long-simmering tensions within one of punk’s most politically outspoken acts.

Formed in San Francisco in 1978, the Dead Kennedys built a national following with blistering critiques of American conservatism, including the 1980 single “Holiday in Cambodia.” The current touring lineup is led by original members East Bay Ray and Klaus Flouride. Ron “Skip” Greer has served as lead singer since 2008.

Collins’ political donations first drew scrutiny last year, prompting several bands to withdraw from Punk In the Park dates. 

The Dropkick Murphys announced in 2025 that they would no longer participate in the festival, writing, “Punk Rock and Donald Trump just don’t belong together.” 

Other acts, including 8 Kalacas and Naked Aggression, have also dropped off select 2026 bills.

In a prior statement posted to Instagram, Collins said his political views “don’t neatly fit into a single box or party affiliation” and emphasized that the festival does not donate proceeds to political parties. 

He added that he has “never censored or restricted a band’s message or voice.”

The Vallejo festival in May 23, at the Solano County Fairgrounds, is also set to feature the Adicts, the Exploited, Nekromantix, Manic Hispanic, Codefendants, N8NOFACE and Sissyfit.

I have to say that I am with Jello on this one. I think any self-respecting fan of the Kennedys would take the cancellation on the chin, if not I would suggest that they haven't taken on board anything that the band have said in the past 48 years!

Anyway, here is a late recording from a more unified period of time, for the Dead Kennedys that is, which is a brilliant set recorded in Rhode Island that features material from all of their studio albums up to that date. Never a duff record was made.


Saturday, 12 July 2025

Dead Kennedys Interview (Record Mirror 27th September 1980)

Here's an interview from the time of the album release and supporting UK dates that Jello did with Record Mirror. In it he sets out the band's plan to shake America out of its torpor and 'Me' mentality.

 Record Mirror 27th September 1980


IN the early, hours of the morning the packed dance floor of San Francisco's Fab Mab is a sweaty mess of jerking flesh. It's time for Jello Biafra's finest gesture and before you can say 'Two Out Of Three Ain't Bad', the Dead Kennedys' lead singer and strategist has taken a ' flying dive into the audience. Dirk Dirksen, the club's owner, strolls on stage and reels Biafra 'back by his mike cord. Before you know it, Jello's up again, gesturing manically to illustrate a lyric, singing in a punk whine that threatens to become a shriek.

This has been going on for two years. The Dead Kennedys have perfected their act 6,000 miles and four years away from the English punk explosion. Is San Francisco a cultural backwater or just a different battlefield? How come an American punk band are zooming up the charts in a land supposedly taken with 2 Tone and the new psychedelia, with an album recorded on a British label and unreleased in the States? Questions, questions.

A few nights after the Kennedys' farewell gig at the Mab and three days before he leaves for Britain , Biafra meditates on such topics before and after dancing his head off to Texan punkband Really Red. Biafra is an ex-hippie, something of an anarchist and ex-Mayoral candidate for San Francisco. He got over 7,000 votes because he's a good tactician and because he's got a sense of humour. When the Dead Kennedys toured in the sticks of California they called their visit to redheck territory the 'Turd Town' tour. Biafra's tactics are to be as tactless as possible.

When he explains why, Biafra sounds like he's issuing an official statement, pre-written and composed. He talks like an emphatic newsreader, laying emphasis on every other word: "Americans are governed by fads. They are kept together like rodents by their fear of failing to keep up with the Joneses. They are constantly on the watch for new products to be fed - but only ones that everybody else is buying too. They're very afraid of being weird which is what we've got to convince them is the best thing they can be in these circumstances.

"A lot of the people in this country are basically zombies. You must attack them, annoy them, get under their skin, make them as uncomfortable as possible. Our live shows are basically ways of torturing the audience so that they enjoy it but also go home.feeling different. Unglue the minds of the zombies. We re trying to combat the obedience training."

Now this is all very well, but does a band that specialises in head banging punk really liberate its audience or just create a bunch of media-mirror zombie punks? Punk . still has d very different status in the US however, still remaining firmly underground and thus retaining a vital part to play.

Biafra explains: "Americans are so conservative . They don't have the same access to the media. People in England are primed to be . interested in what's going on; America's a much larger country. News travels slowly and people are conditioned to stick with the old bands."

Biafra contends that "America's behind but it's very much alive. " He swears his allegiance to punk rock while saying the Kennedys are gradually moving from buzzsaw to more morbid, diseases rock, "a further descent into hell.

"Punk rock and garage rock never die, People are always going to like getting hit in the guts with rock and roll . I have since I was seven. Every time bands like SLF, Crass, Cockney Rejects or the Ruts come out they immediately catch on . because people don't care if they're dated, they like it. We' ll keep the . punk base but build on it. We don't want to wimp out and go pop or get so arty that you're basically playing to yourself in the mirror."

'Fresh Fruit For Rotting Vegetables' was the statement of the Kennedy's a year to six months ago. While musically and sometimes thematically derivative of the Pistols and Co. it has manic tinny tranny quality of its own, particularly on such speedy little operas as 'Kill The Poor', which dances as merrily and hysterically as a drowning rat towards the apocalypse. Satire has always been the strength of Californians like the Tubes and Zappa,and Biafra's commitment and love of psychosis takes the satire one step further, towards the mania of Napoleon V's ‘They're Coming ToTake Me Away'.

Jello's favourite scenario, one that is repeated in such songs as 'Chemical Warfare', 'I Kill Children', and 'Stealing People's Mail', is the trashing of the normal, fat, complacent white consumer by a psychotic on the loose. Biafra takes as much delight in portraying psychotics, red-neck and otherwise, as does John Cale, whose 'Sabotage' Jello admires. Don’t you get a little carried away there Jello? Are you criticising the culture that produces such warpoes or becoming one yourself? And why don't you go out and literally eat the rich if it fascinates you so much?

"In a sense it's more effective to put these things across in a song than do them in real life. Son of Sam never got to make a record, he got put away instead. I think it helps people who are stuck in ruts but have violence bubbling inside them in their daydreams, to find that/there are people who think the same as they do."

Somehow I don't feel Jello's real interest is in comforting the psychotic in everyone. As America boringly drifts towards a neo-fascist President like Reagan, Jello is more concerned to see the slumbering anger released. In any form.

"A vacant stranger is someone who may seem perfectly quiet and normal for decades on end and then suddenly breaks out and performs some violent act that forever brands his name in the history books. Vacant strangers are the creative criminals, there's one in all of us, and it's about time he came out.

"Vacant strangers' do good things as well as bad things," Jello adds as an unconvincing afterthought, fact is, like any decent satarist or home loving boy, Jello is half in love with the monsters that his country produces and thus the diseased state of the country itself: "I think in order to expose something completely you have to immerse yourself in it. I learned, as a method actor, to immerse myself in other characters. Some of the characters in the songs are characters, some are parts of me."

There's a part of 'Jello that wants revenge, that wants the blood of his complacent compatriates. It's a nasty, giggling, bullying side and Biafra indulges it - in his songs at least: "Evil fascinates me. In order to expose situations rather than just say 'I hate it' I prefer to immerse myself in it and expose it from within. "

Yes sir, there's a vacant stranger in all of us and as far as Jello is concerned it takes a band as tactless and tasteless as the Dead K's to put us in touch with him: "Americans have very thick sugarcoated skulls and they have to be beaten over the head." Jello admits the dangers of being misunderstood by his audience as encouraging the monsters the band's attacking through immersion and, for once, is stumped: "The irony worries me and I haven't really thought of a solution to it yet."

There probably isn't one. Because Jello belongs in that great old American tradition, the trash syndrome. He loves and hates the trash, the sheer godawful tastelessness that is so much a part of America. So he attacks it in his songs, particularly the normal white middle-class version that eats polyester and wears popcorn (spot the deliberate mistake!) while championing it in the band's name and elsewhere.

Oh yes, about that name which still works a lot more powerfully than, your average mega-chord: "The Kennedy assassinations torpedoed the American dream. In the fifties there was nothing but talk of big cars and better this, life here was supposedly getting better everyday. Nobody believes that any more. The assassinations were the end of the American Dream and the beginning of the 'Me' generation.

Jello Blafra lives-in a melodramatic world of B Movie . scenarios .. America is a lot sicker than he is and he's a dab hand at diagnosing it, even if, as he perhaps worries, he's a part of that sickness. He's part patient, part doctor, part mutant, part moralist. He hates the 'ME' spirit of America most of all.

"We're coming from a tradition that is no tradition, a culture that has no soul unless you count lust and greed. That's the Protestant work ethic, 'God helps those who help themselves' Americans have twisted this so they believe, 'I must help myself above all so I don't care whose back I stab'. I want everything right now for free. The American empire is crumbling right now due to the same sort of mental laziness and corruption that brought down the Romans and the English.”

I enjoy it when Biafra says these things. Shock and confrontation are not in fashion right now, probably never are in California. Serious as he sounds, the Dead Kennedys are above all humourists with trash comics as an inspiration, B Movie camp and garageland .They are second generation punks putting out the first San Francisco punk album because only England would put up the money. There's still no one doing that here, though maybe the arrival of.Rough Trade will change that.

The Kennedys are proud of their San Franciso scene roots: "We come out of a scene that's been thriving for three years and we' re very thankful to finally get an album out when so few bands have been able to do so. It's kind of a sick joke when you think of the people over here like the Dils or the Avengers who didn't get an album out when they deserved to and were slagged off in the European press for being clones of bands that had started off with influences from American bands. There's a lot more where we come from."

Well , there you have it, the arrival of another spokesman and another band from San Francisco with 'Dead' in their name. There's not much that's grateful about this lot however. Thank God someone's treading on a few toes in America today.

Sure the Kennedys are dated, headbangers in style and music, trash anarchists in Iyrics. Sure there's a nasty adolescent bully in Jello's lyrics just bursting to get out and get violent with a few innocent bystanders (innocent bystanders and vacant strangers, what a . combination!) but Jello's right, punk is here to stay and the Kennedys . are saying the unsaid, being loud and obnoxious, in California at least.

Maybe Jello, East Bay Ray, Klaus Flouride and Ted will upset a few city councils on the English tour. About time too. California Uber Alles.



Dead Kennedys Music Machine London 8th October 1980

 


On their first UK tour, promoting the debut album, 'Fresh Fruit For Rotting Vegetables', here are the Dead Kennedys in London on 8th October 1980. The set on this night features ten of the fourteen tracks that appear on the album.











Top 30 Punk Albums #3 Fresh Fruit For Rotting Vegetables - Dead Kennedys

 


Thinking now of an album from beyond our island shores. For sheer balls, this album released in September 1980 can lay a reasonable claim to be America's answer to 'Never Mind The Bollocks'. Jello Biafra and Co. set out their stall in 1978 in a way that conservative America was not ready for. Without even considering the music the very name, 'Dead Kennedys' was incendiary! Remember this was just a short 15 years after a sniper's bullet took out the nation's presidential golden boy and ten years after JFK's brother, Robert, shared a similar fate in 1968.

Biafra's stage presence during DKs gigs balanced the role of lead singer with that of performance artist. Like Rotten before him, Biafra would provoke a reaction from his audience. Moreover, the band's antagonistic relationship with local law enforcement was such that the members of the San Francisco Police Department often attended their home turf gigs and not with a view to enjoyment.

With their debut album, 'Fresh Fruit For Rotting Vegetables', Dead Kennedys declared war on the American Dream, systematically attacking corruption and hypocracy observed both internally and in US foreign policies being followed by the US Government at that time. These attacks set Jello Biafra's razor sharp lyrics to East Bay Ray's killer surf guitar riffs and Klaus Fluoride's pounding bass. And all this was achieved with a large dose of vicious humour... surely the element that would have enraged the targets of the band's songs the most!

It's funny that I read a BBC review of the album when thinking whether to use this album in the list. The point of that review was that like 'pre-distressed Ramones T-shirts' now avalable in Next that effectively lay waste to a band's legacy, Dead Kennedy's have suffered the same fate and the potency of this first album has been lost. On this point, I think that it is important to consider those reviews that were contemporary to the album's release, such reviews suggest the opposite of the BBC position. The two that I have found are not full of superlatives at all. The music press were very critical of such music at the time, as they were tired of punk and to them 'Fresh Fruit' was more of the same 'punk by numbers'. In contrast, more recent reviews associated with various rereleased formats of the album cannot get away from the fact that Dead Kennedy's were the band around which a whole new punk rock scene coalesced, namely US hardcore. Nor can they escape the fact that the band subsequently influenced some of the US bands that formed in their wake that have gone on to be some of the biggeest bands in the world. In short, Dead Kennedy's have attained a status within punk that they never really enjoyed whilst they were together (with Jello).

The thing that keeps this album so vibrant is that the subject matter of the songs is (sadly) as relevant now as it was in 1980... even more so I would say. Ronald Reagan was a worthy adversary... but up against Trump he was a pussy cat (or should that be a chimpanzee?)

Here's a couple of UK reviews:

New Musical Express 27th September 1980


Record Mirror 27th September 1980





Sunday, 22 September 2024

Dead Kennedys California Theater San Diego 14th December 1985 (TFTLTYTD #13)

 

Perhaps the most important punk bands to emerge from the United States, the Dead Kennedys. Of course, liveall eyes were focused on Jello Biafra, a whirling dervish of a front man! But it was the rhythm section of bassist, Klaus Fluoride, and drummer D.H. Peligro, that provided the phenominal power that drove the band and pushed their audiences (in the US at least) into overdrive... I was never much a fan of stage diving and am quite glad that it never took off (no pun intended) to any great degree here in the UK. 

The band's sound evolved over the years that they were recording, from hardcore '(In God We Trust', 'Fresh Fruit for Rotting Vegetables') to more melodic ('Plastic Surgery Distasters', 'Frankenchrist' and finally 'Bedtime For Democracy'). Whichever way the band went musically, a great surf sensibilitiy underpined the Dead Kennedy's musical output. Naturally, many West Coast punk bands drew influence from the local bands of the 1960s, but nobody nailed the surf sound in the way that guitarist East Bay Ray did.

D.H, died a couple of years ago now of head injuries sustained in a pool. I saw the Kennedys a few times (never with Jello though) and I always took inpiration when D.H. introducted and took the band into the classic 'Nazi Punks Fuck Off'.

Please note that this recording has 15 tracks where as the artwork reflects 16. This is because 'USA For South Africa' and 'Bleed For Me' form one track in the recording.

FLAC: https://we.tl/t-HAYvFZB6Qf

Artwork: https://we.tl/t-9dRwJ7umfn



Sunday, 29 March 2020

Last Words on the Dead Kennedys (San Francisco Weekly 23rd - 29th June 1999)

Punks at War

Dead Kennedys, Alternative Tentacles, and the law suit that threatens punk's most enduring and provocative partnership

It was January 1978, and the Winterland was packed, and the Sex Pistols had just played their last show anywhere, and it had ended with lead singer Johnny Rotten cackling these choice parting words: "Ever get the feeling you've been cheated?" Cheated wasn't the half of it. The Sex Pistols were the most famous band to come out of a British punk scene that was just beginning to find its footing in the U.S. The band's breakup wasn't just a musical event; followers lost a cultural-political icon. Without the Sex Pistols - that sneering bunch of self proclaimed anarchists who lived to challenge conventional notions of what a rock band should be – American punks would have to figure things out for themselves.


At North Beach's Mabuhay Gardens, the figuring had already started. While radio stations were clogging themselves with ELO and the Eagles, the Mabuhay was showcasing bands and music that were not just alternative, but challenging. Many of the bands took stylistic cues from the Sex Pistols and Ramones, but others, including Flipper and the Residents, experimented wildly, bent on befuddling their audiences more than entertaining them.

It was a culture of self-determination, where "do it yourself' was the operating credo. Who said you had to suck up to some big label to get your records out? Who said that Rolling Stone was the only music magazine on Earth? Fanzines such as Search and Destroy and Punk Globe sprang up to document the scene, both within and outside the Bay Area. Mainstream media outlets started to take a peek at what these strangely dressed folks were up to. Record labels (like 415 Records) started putting out singles and compilations.

And by 1978, a transplant to San Francisco from Boulder, Colo., name of Jello Biafra, né Eric Boucher, had decided he wanted to do more than just watch his favorite bands; he wanted to be up there on the Mabuhay's stage too.

Biafra had saved some money, and so he gathered up three musicians – guitarist East Bay Ray, bassist Klaus Flouride, and drummer D.H. Peligro (who replaced early drummer Bruce Slesinger). Biafra, who wrote lyrics, wanted to put forth a band that was political; San Francisco was providing ample material. This was the time of the Jonestown massacre, and Dan White's murder of Supervisor Harvey Milk and Mayor George Moscone (and that's not to mention White's infamous and absurd "Twinkie defense").

And so the Dead Kennedys - and, simultaneously, Alternative Tentacles Records -  were formed. The story of AT and DK is, to a remarkable extent, the story of punk rock in San Francisco.

"[Alternative Tentacles] was a dream more than a business plan," Biafra said in a telephone interview
in early June, speaking from a downtown San Francisco office. "It was something I felt we had to do to document all the great music that was going on that wasn't being recorded. I saw these amazing bands like the Avengers, Negative Trend, the Sleeperz, Dils, Offs, Mutants, UXA, Crime, Nuns - all of 'em breaking up before they put out what would’ve been some of the best albums any band's ever made.

"I knew that if I ever had any money, I wanted to do a record label to correct the situation, to help fix that"

Alternative Tentacles wasn't envisioned as the relatively wide-ranging label it is today. Back in 1979, it was just supposed to release a single, "California Uber Alles." But on the strength of that single and the Dead Kennedys' live shows, the group with one of the more politically sacrilegious names in
America got a reputation as one of the most interesting bands in San Francisco.

Even if the group didn't quite fit the clichéd definition of punk rock. And it didn't.

The Dead Kennedys didn't spike their hair, and while most punk bands of that era marched in a strict lock step - both in terms of sound (three-chord, Ramones-y blasts) and politics (sobersided anti-Reaganism) – the Dead Remiedys instead played rockabilly-on Benzedrine-fusillades and often spoofed pop songs of the day. Singing in nasal, piercing tones, taking lyrical shots at whomever struck his momentary fancy, Biafra gave punk something it thought it wasn't supposed to have: a sense of humor.

"California Uber Alles," for example, posited a "suede-denim secret police" state, controlled by then-California Gov. Jerry Brown, where people would "jog for the master race ." "Holiday in Cambodia"
Disemboweled snotty post-grads who pro-claimed their hipness and whined about their bosses, suggesting that the whiners would "work harder with a gun in your back/ For a bowl of rice a day."

Biafra was always the most visible and vocal member of the band, quick with a  snappy line and good for a prank, the most famous being his 1979 run for mayor of San Francisco. Though parts of his platform addressed what he considered legitimate, concerns - he lobbied for, and still supports, legalizing squatters' rights - much of his candidacy was decidedly goofball, calling for the public auction of city positions, the establishment of a legal board of bribery, and the requirement that Financial District workers wear clown suits. When Dianne Feinstein called for a cleaner city, Biafra was vacuuming leaves off her front lawn the next day. In a city that felt worn and cynical after the Jonestown and White incidents, Biafra's campaign proved a tonic; he finished fourth out of 10 candidates, getting approximately 4 percent of the vote.

Biafra, the Dead Kennedys, and Alternative thus earned reputations as the leading provocateurs of punk rock. To this day the Dead Kennedys account for more than half of Alternative Tentacles’ sales. Account. As Biafra puts it, “Alternative Tentacles remains one giant prank against the mainstream entertainment industry and the agendas of the corporations that own it."

But this irony-filled approach to life in and around the recording industry has led Biafra and his label into a series of legal troubles.

In 1986, San Francisco and Los Angeles police raided Biafra's home, and he was subsequently charged with distribution of harmful matter to minors - that is, a poster of a sexually explicit painting by Swiss artist H.R Giger titled Landscape #20: Where Are We Coming From, which was included in copies of the Dead Kennedys' 1985 album Frankenchrist. The Los Angeles District Attorney's Office prosecuted Biafra on obscenity charges, which could have led to a one-year jail term and $2,000 fine. But the trial of the criminal case, much of which focused on First Amendment arguments over whether the painting was indeed obscene, resulted in a hung jury. Biafra had won, but the emotional and financial stress of the case helped break up the band that year, after it released a final album, Bedtime for Democracy.

Biafra now; Klaus and Biafra in DK days; Ray now.

Then in 1996 the Philadelphia Fraternal Order of Police and Sgt. John Whalen sued Borders Books, Biafra, Alternative Tentacles, and one of the label's bands, the Crucifucks, for defamation and copyright Infringement. That band had used a photograph of a police officer lying dead next to a squad car on the back of its 1992 album Our Will Be Done, which included anti-police songs such as “Pigs in a Blanket” and “Cops for Fertilizer”. The photo was posed, with Whalen playing the dead officer; it had originally been used by the Philadelphia FOP as a part of a mid-‘80s promotional campaign for a police wage hike. In April 1997, a federal judge ordered the band to pay the Philadelphia FOP $2.2 million. Three months later, that judgment was overturned, and the case was eventually dismissed.

So Biafra's label prepares to celebrate its 20th anniversary this week as one of the luckier punk ventures in history. It has done what few punk rock labels ever do - survive - and has remained, by virtually all accounts, supportive of punk rock (as loosely defined) locally, nationally, and globally.

But Saturday's celebration might be a more inclusive and happier affair if not for yet another lawsuit, one that challenges the credibility and integrity of the Alternative Tentacles label, and that, regardless of the outcome, will leave noone who was once a Dead Kennedy unwounded.

On Sept. 30 of last year, former Dead Kennedys members East Bay Ray, Klaus Flouride, and D.H. Peligro (born Ray Pepperell, Geoffrey Lyall, and Darren Henley, respectively) sat down and voted to terminate their relationship with Alternative Te ntacles. Ray, who has acted as the official spokesperson for the three rebelling band members, says he discovered in 1996 that Alternative Tentacles had raised the wholesale price of its CDs without informing the band. Ray and the two other former Dead Kennedys argue that the increase in wholesale prices should have resulted in higher royalties on Dead Kennedys sales. In their suit, they claim Biafra took profits from the wholesale price increase for himself.

Greg Werckman, who was working as Alternative Tentacles' label manager at the time (and is now
Biafra's manager), says the label wasn't obliged to increase the band's royalty rate. Proceeds from the increase in the wholesale price were fed into overhead for the label, a financial move that, he contends, does not violate the Alternative Tentacles’ agreement with the Dead Kennedys. Werckman does acknowledge that in 1997 he and Ray sat down to go over the accounting of the band’s royalties (as well as those for the solo albums that Fluoride recorded for AT), and found that the royalties had been calculated from a formula that left the Dead Kennedys underpaid on record sales.

It was, in Werckman’s view, an honest mistake, and he informed Biafra of the discrepancy. “Ray does have a case, not for a higher royalty rate, but for back payment.” Werckman says. The royalty shortage amounted to about $75,000, which Biafra placed into a trust account, to be released to the band either with his permission or through a court order.

But the argument isn't entirely about royalties. It's also about loyalty.

Ray, Flouride, and Peligro say that Alternative Tentacles was originally formed, owned, and controlled by the entire Dead Kennedys band. When the group broke up in 1986, they say, the other members ceded
ownership of the label to Biafra alone in an oral agreement that required him to not only properly administer royalties to the Dead Kenneds, but also promote and grant "most favored nation” status to the group. That status required Biafra to ensure that the Dead Kennedys' royalty rate would be as highly paid as any other band on the label. (Werckman contends that no such royalty arrangement ever existed.)

The Dead Kennedys band was, itself, a partnership, formed in 1981 and known as Decay Music. The three dissenting former members of the band felt they could therefore vote to sever the Dead Kennedys' connection to Alternative Tentacles. And they did so at a meeting last September. (Biafra did not vote; in a court filing, he claims that he was out of town at the time, and that his offer to send a proxy to cast his vote was refused. Even if Biafra had been there, say Ray's lawyers, his vote would have been moot because, they say, he has a conflict of interest as a partner in Decay Music and owner of Alternative Tentacles.)


Ray says that he never wanted to get involved in a lawsuit In fact, he says, early in 1998, he, Flouride, and Peligro hired an attorney, Michael Ashburne, who told them that he didn't do litigation. "We said, 'Well, we won't need to go that far. We've known each other for 20 years, we're partners together,' “ says Ray.

But when Biafra continued to argue that the three former members were not owed anything, they sued Biafra both individually and as owner of Alternative Tentacles, as well as Mordam Records, which distributes Alternative Tentacles’ records. The suit, files on Oct. 29, 1998, seeks the right to control the Dead Kennedys’ catalog, as least $50,000 in damages, and an injunction preventing both Biafra and Mordam from selling or distributing Dead Kennedys recordings.

Biafra countersued in November and attempted to move the case to federal court, claiming that it was an issue of copyright law properly decided in a federal venue. Senior District Judge D. Lowell Jensen disagreed, ruling it was a simple contract dispute; he remanded the case to San Francisco Superior Court and ordered Biafra to pay $12,160.50 in legal fees for, essentially, wasting everyone's time trying to make a routine state contract suit into a federal case.

At first, Biafra doesn't want to discuss any of the legal problems. He's feeling harried, having spent most of the day talking to reporters about Alternative Tentacles, and sounds tired. "I don't know," he sighs. "It's all a pretty concocted attempt at fraud on their side. That's all I'm going to say right now."

But that's not really all. "Everything they've said is completely untrue," he claims. "It's an attempt to take something that doesn't belong to them, and try and shake somebody down for money, all because I wouldn't sell out 'Holiday in Cambodia' and Dead Kennedys and everything we represented to a Levi's commercial. The ad agency representing Levi's wanted to put 'Holiday in Cambodia' in a Dockers commercial, no less."

And this claim illustrates the central paradox of the Alternative Tentacles/Dead Kennedys lawsuit: Members of a band that poked holes in the craven, commercial, lying facade of modern life are accusing one another of being craven commercial liars.

For example, David M. Given, a San Francisco lawyer representing Ray, Peligro, and Flouride, uses this calm legal language to characterize Biafra's assertion about the Levi's ad: "A bunch of horseshit"

All sides agree that the band was approached with some sort of offer to use a song in a commercial. Given says Ray told other band members of the offer, as he would with any DK-related business offer, but they “weren’t down with it, and it never happened.”

Werckman holds a sort of middle ground in the Levi’s argument, saying that “Holiday in Cambodia” was just one of about 30 songs the ad agency was considering for the commercial, and in the end the agency decided to use a different song.

Still, Biafra argues that the Levi’s situation cuts to the heart of the issue in dispute: preserving the integrity of his old band and of his record label. “The reputation of Dead Kennedys and my own reputation are cemented and linked," he says. "If I screw up, it screws up the legacy of Dead Kennedys. If the other guys go and screw up, it screws up my personal reputation. If 'Holiday in Cambodia' wound up in a Levi's commercial, everybody would blame me. I might even get beat up again." (The beating Biafra references happened in 1994 at Berkeley's 924 Gilman club, where he was attacked by people shouting he was a "rock star" and "sellout.") '''That's not fair. To put it mildly, that's not fair."

As both sides claim the moral high ground, the ground gradually seems to transform itself into empty or unprovable rhetoric. Biafra says the consequence of this war of words is "a frivolous, mean-spirited lawsuit, where the only people who win in a situation like that are lawyers laughing all the way to the bank."

But don't his former bandmates have the right to separate themselves from Alternative Tentacles?

''Whether they have the right to do it or not, is it morally right to do it in the first place? That speaks volumes about where their heads are at, as far as I'm concerned. They don't give a damn about anything but quick free money. And that's not what Dead Kennedys or Alternative Tentacles has ever been about"

"Biafra was obviously the media person," Ray retorts, "but a media person is not the whole thing that makes a band .... I set up the label and ran it for the first three years, and I'm given no credit for it right now. Keeping the Dead Kennedys independent, and the fact that Biafra has a nice big mansion on Diamond Heights, is a direct result of my efforts."

"If Biafra weren't the label, he would be carrying the fucking flag up the hill," Given says, "screaming about corporate greed."

Werckman calls the dispute "pathetic on both sides."

There is plenty of time for additional recrimination and response. The case is scheduled to go to trial on Sept. 27.

In punk rock, as in most genres of pop music, scenes come and go. And if punk in San Francisco has never died off, it has never again approached the fertility that it enjoyed in the late '70s and the early ‘80’s.

In 1982, around the time that Alternative Tentacles stopped being the Dead Kennedys’ vanity label and began releasing other records in earnest, the late Tim Yohannon and a group of others founded the fanzine MaximumRockandRoll in San Francisco, one of the leading arbiters of punk ideology (even though many feel that its view of punk rock is strict, misguided, and, at this point, outdated) .

In 1994, the fanzine banned Alternative Tentacles from advertising in its pages, and refused to review its record releases, claiming that it was no longer punk. From its very beginning, the fanzine's letters page was rife with complaints about the "true" definition of punk. Every month, with each new issue, the complaints continue.


But there's another view: Ralph Spight, who sings and plays guitar in San Francisco's Hellworms and has been part of the local punk scene since the early '80s, credits Alternative Tentacles for being both loyal and daring. "Some of them sold pretty well," Spight says of his AT recording efforts with the bands Saturn's Flea Collar and Victim's Family. "Some of them didn't. But on any other label in the world, doing the things I've done, I'd be dropped."


And AT's openness to experimentation makes it more "punk" than new bands aping the old look and sound.

"Sometimes I get really excited about the bands going on around here, and then sometimes I get really bored," Spight says. He sees a punk scene that threatens to go stagnant and become just another musical style - which would leave it far, far away from its radical roots. "I'm pretty jaded about it all," he says.

Although it has released records from local groups such as Neurosis and Zen Guerrilla, Alternative Tentacles has increasingly focused on aggressive and noisy bands outside the confines of the Bay Area, and new labels have stepped in to cover local punk music. The most famous, Berkeley's Lookout, has functioned for 11 years, supporting bands like Green Day and.Operation Ivy (members of which would later form Rancid). Molly Neuman, Lookout's general manager, praises Alternative Tentacles for proving that the do-it- yourself ethic can work. "[Alternative Tentacles] demonstrated that independent music can survive without tons of media support and attention, without radio, without MTV, and can still survive outside of the mainstream music industry's standards," says Neuman.

Neuman says she hasn't kept up on details of the Alternative Tentacles/Dead Kennedys case. But when asked about it, she makes the same comment, three times.

"It's a shame."

Neuman is right in saying that Alternative Tentacles helped establish the model for how an independent rock and punk label might operate successfully. To perhaps oversimplify, that model is analogous to a shopping mall: If you have one or more successful and familiar "anchor" bands, people buy the smaller acts, too. The label's name and logo become a brand and a signifier of quality. That's part of what differentiates the independent record label from a major: Nobody buys a Ricky Martin album because he's on Sony, just like Miles Davis; but Alternative Tentacles record buyers, knowing the Dead Kennedys' history, might be more likely to buy a record by, say, the Causey Way.

The Causey Way, one of AT's recent signings, is an upstart, Devo-esque band from Gainesville, Fla. Says singer Causey, somewhat waggishly, "We were approached' courted,' as they say - by some of the majors, but no one understood the integrity of our mission like our brothers and sisters at AT. I have only wonderful things to say about Jello Biafra."

This "shopping mall" system of independent marketing has worked for Washington D.C.'s Dischord, home to Fugazi and Minor Threat; Chicago's Touch and Go, for which famed producer Steve Albini records and performs; Southern California's SST, which mainly sustains itself on '80s albums by Black Flag and Husker Du; and, of course, Alternative Tentacles, home to the Dead Kennedys - at least for now.

As the former members of the Dead Kennedys prepare for the trial that would resolve their dispute (at least in a legal sense), Jello Biafra continues to oversee new Alternative Tentacles releases, which have recently included spoken-word albums by leftist cause célebrès such as the late environmental activist Judi Bari, A People's History of the United States author Howard Zinn, Noam Chomsky, and alleged cop murderer Mumia Abu-Jamal, as well as musical offerings from bands at various positions on the punk spectrum.

Though he rarely publicly performs music - partially because of knee damage he sustained in the 1994 beating - Biafra occasionally sings or writes for musical projects, including Lard, a collaboration with members of the Chicago industrial band Ministry. The bulk of his post-Dead Kennedys recordings, however, are his own politically themed spoken-word albums, and he continues to speak around the country, mainly on college campuses.

Ray and Flouride have been playing together locally in Jumbo Shrimp, a surf rock trio. Peligro now lives in Los Angeles, where he continues to play music. Ray also has his hand in a number of recording projects, an says he's started getting involved in the rave scene, which attracts him because "you don't have to deal with lead singers."

Ray catches himself and laughs. '''That's a joke. Kind of." .

Alternative Tentacles Records' 20th Anniversary Party, featuring the Causey Way, Wesley Willis, Hellworms, Creeps on Candy, Crucifucks, DJ Whats His Fuck, and host Jello Biafra, happens Saturday, June 26, at 9 p.m. at the Great American Music Hall, 859 O'Farrell (at Polk), S.F. Tickets are $10: call 885-0750.

Friday, 27 March 2020

Jello Biafra Interview Sounds 19th July 1986


INDECENT EXPOSURE

As JELLO BIAFRA becomes engulfed by a wave of allegations that threatens to swamp his liberty, he chats to JACK BARRON about censorship, apocalyspe and the day he ran for mayor. Holiday snap: EYE AND EYE.


"WHY DO I think I am right!?!" echoes Jello Biafra, surprise momentarily road-blocking his busy freeway of words.

The Walter Mitty of politi-punk casts his anthracite eyes around the spartan warehouse which serves as the headquarters of Alternative Tentacles, a downbeat building that the police department of San Francisco recently raided in search of subversive material.

Yes, I continue, resuming my line of questioning. The Dead Kennedys have always used their music as a vehicle for social commentary and political criticism. So why do you think your perspective on life is any more valid than the perspective of those you criticise?

" I think, because of my deep sense of being threatened by those in authority," laughs Jello uneasily, his chest recoiling with an almost paranoid tautness beneath a T-shirt which bears the motto Ugly American. Maybe this man, who seems to have had his handsome features stretched to cracking point on the rack of desperation, is still rattled by the events of the past few days.

See, what had been brought to the police department's notice was the posters of H R Geiger's Penis Landscape, given with the Kennedys' album 'Frankenchrist'. Biafra now faces up to a year in prison and a $2,000 fine to go with the allegations that he and the rest of the band are guilty of "distributing harmful material to minors"

So, if Jello's rattled, who could blame him?

"As I said to you a bit earlier on when we were talking about censorship," explains Biafra, a lyricist never starved of polemic, "if the authorities had their way I - or anybody like me --would probably be dead. The American government want a Christian-style Islamic republic and I don't think executions would bother them a bit.

"The right-wing Christians who run this country go on about how the life of an unborn foetus is sacred, how we shouldn't allow abortions. But once the foetuses are 18, who are the first people who want to
execute them in gas chambers or want to send them to die in Nicaragua and EI Salvador? It's the right-wing Christians.

"So what makes me feel that I am right and other people are wrong is when I feel that my dignity and survival, and the dignity and survival of other people, is being threatened by a few greedy Nazis."

This might sound extreme but it rings true in the context of the moral waywardness of the USA. In the kingdom of the insane, the paranoid becomes sane because he has every reason to worry, his fears are real. How can they be otherwise when he watches the police raid his office?

Dissent, artistic or otherwise, is not in fashion in America in the late '80s. Everybody - from individuals to nations – is expected to toe the line of conformity, and that line says you are either a God fearing capitalist, or you're a stinking pinko communist atheist pervert who does it in the streets with dogs and Lord help you if you're in a band with the name of The Dead Kennedys.

OK, I know that's a little simplified, but the whole point about the upsurge of patriotism which Reagan symbolises is that it does present the public with clear cut black and white' choices which save people from making the effort to think or question.
Anything which doesn't fit into this monocular vision - an example being the Vietnam veterans poisoned by Agent Orange who've subsequently had deformed children and yet don't qualify for war injury benefits - is quietly swept under the carpet.

THE DEAD Kennedys - Jello, bassist Klaus Flouride, guitarist East Bay Ray and drummer D H Peligro – are interested in lifting up that carpet of self imposed ignorance and spotlighting the dirt. But it's getting more difficult day by day.

"Let's just say that the ghost of Joe McCarthy is back in action now," comments Biafra. "So far as music is concerned the PMRC, the Parents Music Resource Centre, which is staffed by wives of right-wing senators and a member or two of Reagan's cabinet, acts as a kind of thought police.

"As you know, they're making moves to get records graded according to their content, but that is only the tip. Their attempt to decide what people hear, see, taste and think goes deeper than that.

"For instance, they're now working with local Parent Teacher Associations and police departments to snuff out rock music which they deem not wholesome. We've had several gigs cancelled under mysterious circumstances and then, of course, there was the raid here."

I tell him the offending Geiger poster - Geiger was a set designer on Alien, by the way - which depicts a field of erect penises entering vaginas is so abstract it reminds me of a vegetable stall specialising in leeks and onions.

"Uh-haw, I've heard lots of interpretations of it but nothing like that," grins Biafra . "It has been called sexist by some people but I don't think it is. My reason for using it was that as soon as I saw the thing I thought, 'Yeah! That's what's inside the heads of Americans: this is a nation out to screw each other in every way. That painting is consumer culture on parade. "

Penis Landscape has, in fact, been seen by a lot of Americans. Long before it became a Kennedys poster it was featured in a Geiger showcase in Penthouse. Still , the poster gave the police an excuse to search
Alternative Tentacles thoroughly.

In a country which is headed by a staunch Chri stian ex-actor President who presents and presides over the political process as if he were still in some Hollywood film, it seems somehow apt that the Kennedys' last album was called 'Frankenchri st'.

Run to the hills, a monster cometh!

" If you want to understand something about the nature of Americans it's that we're taught in school that this country is in the frontline with regards to free speech and the rights of the individual," says Biafra. "What is conveniently forgotten is that the founding fathers of America were slave owners.
Thomas Jefferson had seven kids by one of his."

J ELLO BIAFRA, eight years on from the inception of The Dead Kennedys, speaks like some bizarre hybrid of musician, politician and Mr Memory Man. It is easy to see why he garnered 6,OOO-odd votes and came sixth when he stood for the post of Mayor of San Francisco a while back on an absurdist platform.

Ask him a question and out will pop some ghoulish story or three, many of which have been sent in by outsiders to the Kennedys or the hardcore politi-punk fanzine Maximum Rock And Roll which shares the warehouse with Alternative Tentacles.

"No, we haven't split the band! Who told you that? We've never been a group of people who eat, work and play together from the beginning. We don't even agree with each other on every issue, that has
always been the w ay in this band. We often argue but hopefully that friction gets channelled into the music.

"The po int is, though, that we get together to record and tour only if everyone agrees to what is involved . At the moment we're doing another album called 'Bedtime For Democracy' which will hopefully be out in the autumn.

'" I know that, because of the gap between 'Plastic Surgery Disasters' (the DKs' last album) and 'Frankenchrist', people have thought that we've sat on our backsides for three years and retracted our claws, but it's not true!

"We've also been savouring some of the weird information from around the world which we got in response to our request for miscellaneous data on the inner sleeve of 'Frankenchrist'. We'd like Alternative Tentacles to act as a conduit for this info because some of it is mindblasting.

"The scariest story was in fact mailed to me from somebody in San Francisco. It was a little report out of a science magazine that said the next scheduled space shuttle, in other words the one after the one that blew up, was going to be loaded with 46 pounds of plutonium!

"If that shuttle had blown up instead, imagine what would have happened! There would have been enough plutonium in the air to give cancer to as many as five billion people. That's virtually the whole of the world! So that would have been it – all because of a few military assholes manipulating to get the Star Wars Defence System off the ground without telling anybody. This is the most reckless act I've heard of yet!"

THE SON of a librarian mother and a psychiatric social worker father who quit his job to write poetry and books around the same time Jello ran for Mayor of 'Frisco, the 27-year-old singer was brought up in Boulder, Colorado.

Nestling against the Rockies, the "sleepy" university town became a "counter-culture Mecca" in the late '60s and early '70s when it was invaded by hippies.

"At one point there were 15,000 of them . Naturally the other 40,000 citizens of Boulder freaked out, but for me that made it a great place to grow up.

"A lot of thought was provoked in me and the anti-war movement was strong.

"But the hippy people would use a lot of drug-dealing lingo to justfy ripping people off, saying, like, Hey man, that candle costs 50 dollars because it's all natural ingredients! You know the sort of thing: hand made by an authentic crook."

While the music world turned from Dayglo to the mouldy mellow feathers of The Eagles, Biafra took advantage of the transition by hoarding forgotten gems of garage psychedelia, such as The Thirteenth
Floor Elevators.

" Really though there wasn't much happening musically and I was more interested in the news on TV."

A fleeting visit to pogoing England in 1977changed his life.

"All that energy and hate of smug apathy really excited me. When I got back I went off to university in Santa Cruz to take classes in drama and the history of Paraguay but I didn't last long.

"I noticed the punk thing was happening in San Francisco although on a much smaller scale, and, against the wishes of myfather, I dropped out ... "

And The Dead Kennedys were given a breech birth .

"Once The Kennedys were going I soon realised it was possible to concoct something beyond being this week's Sex Pistols. I wanted to fuse the political anger of a virtually unknown British band called Third World War with the gut-rage of Iggy Pop and, say, the fascination with horror and gore of Alice Cooper.

"The thing was I knew that the atrocities of real life were far more frightening than fiction . That has always been the motivating force in this band."

CALIFORNIA UBER Alles', 'Too Drunk To F***' , 'Fresh Fruit For Rotting Vegetables' - the DKs' record titles
alone made the burghers choke, never mind the gallows humour of the band's name. And, allied to the group's violent live velocity and Biafra's cracked actor presentation, come 1983 the Kennedys were on the cusp of greatness. They were the premier hardcore corps poised to take a flamethrower to the charts.

It never happened, and I don't think it ever will. The Kennedys' belief in the punk ethic of independence from the straight music biz scams ensured they'd never become pop stars like The Clash. Their ideals wouldn't allow the necessary compromises and, when Faulty Products (the American distributor) folded, the moment was gone forever.

This isn't to put down their achievements. The Kennedys still make fierce records and Biafra is in demand as a spoken word artist. His mixture of poetry, lyrics and news is, I'm told, inflammatory .

But don't you ever feel that you' re just hitting your head against a brick wall?

Biafra's anthracite eyes glow with amusement as he finishes his beer.

“ Oh sure, I get frustrated most of every day. But I figure that I’d much rather do this than put a little leash round my neck in the form of a necktie and knuckle under . At least I feel alive.

After all, things are never dull when the police are trying to tear your house apart.”

Dead Kennedys - Tales from the Trial (as reported in the UK music press)


As mentioned in the article above, to raise money for the legal costs of defending the case, the Alternative Tentacles manager in the UK booked a tour by the Canadian hardcore band, Toxic Reasons. I was fortunate to see them twice on this tour, at the 100 Club (I watched the gig standing side by side to the late, great John Peel) and a little later in The Ship in Brighton. On this occasion at the end some scruffy bloke got on stage with Toxic Reasons when they played 'New Rose'. 'Hey', I said to my mate, 'That bloke looks a bit like Captain Sensible in a wig'. It was of course, the Sensible one! 







Wednesday, 25 March 2020

Rough Justice at the Hands of the PMRC

As mentioned in the previous post, the DK's fourth album 'Frankenchrist' was a gloomy take on American society as viewed through lyricist-in-chief, Jello Biafra. As an artistic accompaniment, the album was packaged with a fold-out poster featuring a painting by noted Swiss artist H.R. Giger. Entitled 'Work 219: Landscape XX', otherwise known as 'Penis Landscape'. Depicting a series of penises and vaginas doing what penises and vaginas do, the piece was intended to depict (perhaps in a rather obvious manner) the idea of members of Jello's broken society screwing each other in the non-sexual manner.

Unfortunately, for the fortunes of Dead Kennedy's and those with close associations to them, one day a 13 year old girl purchased the record in the Wherehouse Records in Los Angeles County. The poster came to the attention of the girl's mother and after calls to the California Attorney General and the Los Angeles Prosecutors, band members and distributors found themselves on a criminal charge of 'distribution of harmful matter to minors', a charge which if successfully prosecuted carried a maximum custodial sentence of one year and a $2,000 fine. Pretty heavy stuff.

 'Work 219: Landscape XX' by H.R. Giger

The recently formed Parents Music Resource Centre (PMRC), a lobbying group of influential 'Washington Wives' (most notable of which were Tipper Gore, wife of Clinton Vice-President Al Gore and Susan Baker, wife of James baker, Treasury Secretary under George Bush Snr). The PMRC raison d'etre was to clamp down on what they saw as the degenerate elements in rock music and in this pursuit they had the ear of their power broking husbands in the capital. Incidently, it is was the PMRC who were responsible for that record shop phenomena of the 1980's, the 'Parental Advisory Explicit Content' stickers, otherwise known as 'Tipper Stickers'. I find it highly amusing that these days you are more likely to see that particular logo on T-shirts sported by the same breed of 'degenerate' musicians that the PMRC were attempting to censor! Or even more bizarrely sold to the parents of young children. Didn't see that one coming did ya Tipper!


Anyway, back to Dead Kennedy's plight. The PMRC were not slow to get in on the act. Whether or not the Dead Kennedys were on the 'Wives' radar prior to the 'Frankenchrist' furore I do not know. Primarily, the PMRC targeted their 'Filthy 15' which featured candidates that you could conceive would be in there (Judas Priest, Black Sabbath, WASP) and a couple that you wouldn't (Cyndi Lauper and Sheena Easton..... '9 to 5'?..... pure smut!). However, these were high targets, big guns in the industry with accordingly large legal teams.... but hey what about a DIY punk band on their own independent label? 

Jello Biafra's attic apartment was raided by representatives of both the Los Angeles and San Francisco Police Departments in the early hours of 15th April 1986. They were in search of 'harmful material' in the form of the Giger album poster insert.

The raid lead to the pressing of the charge of 'distribution of harmful matter to minors'. It was brought by Los Angeles City Attorney, Michale Guarino against five defendants, Jello Biafra and Michael Bonanno (former Alternative Tentacles label manager), Ruth Schwartz (owner of Mordam Records), Steve Boudreau (a distributor involved in supplying Frankenchrist to the Los Angeles Wherehouse store), and Salvatore Alberti (owner of the factory where the record was pressed).

In the initial hearing, Judge Susan Isacoff, overruled the prosecutions demands that the poster be considered in isolation of the album as a piece of pornographic obscenity. She determined that the poster must be considered in the context of the album and its material and as such it was possible to defend inclusion of the poster as art reflecting the themes expressed in the album. The case against Schwartz, Boudreau and Alberti was dropped due to a lack of evidence but Biafra and Bonanno were not off the hook.

The trial became very high profile and sparked deep debate on the subject of censorship in music championed by big guns such as Frank Zappa and .... John Denver! The band's label Alternative Tentacles established the 'No More Censorship Fund' that saw donations rolling in from across the globe, funds that would go towards the rising legal costs involved in fighting the case, an estimated $20,000.... a huge sum for the band and label in 1986!

In August 1987, the case against Jello Biafra and Michael Bonanno came before a jury who returned a verdict split 7 to 5 in favor of acquittal. Guarino efforts to force a retrial were denied by Judge Isacoff.

Here's Jello's take in his own words as he challenges Tipper Gore on the Oprah Winfrey Show:



It was a pyrrhic victory if ever there was one. The strains over the legal action that dragged on for nearly two years contributed to the band splitting..... but the censorship debate continued apace for several years afterwards.

There May Be Trouble Ahead - Frankenchrist and the PMRC Monster


In October 1985, Dead Kennedys released their fourth studio album, the provocatively titled 'Frankenchrist'. The album represents a significant departure from the trademark DKs sound. True, East Bay Ray's surf guitar remains prominent but the material is much darker than what preceded it. With 'Frankenchrist' the band deliberately slowed the tempo down, producing a dark and sinister soundscape that encroaches on progressive rock. The album offers the listener a stifling, claustrophobic vision of the 'American Dream' in the ultraconservative mid-'80's.

The America of 'Frankenchrist' is peopled with desperate souls in soup kitchen queue and dead souls trapped in dead jobs, whilst on the other side of the street, redneck vigilantes cleanse the neighbourhood of 'undesireables' free from repercussions whilst sporting jocks uphold the honour of their high schools. Over this dystopian nightmare, a corporate rock soundtrack comes courtesy of MTV!

Within weeks of the album's release the band were to clash with the Moral Majority that they had railed against for the past seven years! Initial copies of the album were issued with the inclusion of a poster featuring a sexually graphic work by renowned Swiss artist, H.R. Giger. But more of that later.

Things were about to get interesting.

The lawsuits came in thick and fast, including one from the unwilling (and clearly disgruntled) cover stars of the album.

These are The Shriners, or Shriners International.... previously, the 'Ancient Arabic Order of the Nobles of the Mystic Shrine'. Yep, you guessed it, The Shriners are a fraternity organised on Masonic principles. In the US they are perhaps best known for their patronage and funding of The Shriners Hospitals for Children. Shriner Temples have associated parade units charged with the responsibility of presenting a positive image of the Shriner organisation to the public at large. This they do by participating in parades, driving characteristic lawnmower engine powered miniature vehicles whilst sporting the red fezzes for which they are also known.

'Wacky' Nashville Shiners on parade
(in no way sinister....)

I know, I know, I don't get it either, Freemasons, Water Buffalos and now Shriners. I thought the Scouts were bad enough!

Anyway, here's what 'Sounds' in the UK had to say about it in early 1986:

'The Dead Kennedys, currently facing three separate lawsuits in California, are now reportedly being sued by an American organisation called The Shriners over the cover of their "Frankenchrist" album last year.

The Kennedys spokesman here said that no notification of any charge has been received by Jello Biafra, Alternative Tentacles, or their lawyer, although reports in the American press have suggested that The Shriners, from Detroit, plan to sue for $45 million dollars over a photograph on the album sleeve, which shows some of their members on parade.

The offending photo, and the rights to use it were, The Kennedys state purchased from Newsweek magazine.

"According to newspapers in the US, we were accused of holding The Shriners in a bad light," comments Biafra. "This stinks of petty harassment. America is the only country in the entire Western world where the laws are rigged in such a way that anyone would even THINK of filing a lawsuit as ridiculous as this."'

Shriners International logo