KORN Serve Cease-And-Desist Order
Business Wire - March 12, 1998 18:51
%EPIC-RECORDS %KORN %CALIFORNIA %ENTERTAINMENT V%BW P%BW
LOS ANGELES--(ENTERTAINMENT WIRE)--March 12, 1998--
KORN Serve Cease-And-Desist Order to the Zeeland,
Michigan School District, Zeeland High School and Its
Assistant Principal Who Suspended a High-School Student
for Wearing a T-shirt Carrying Only the Band's Name
KORN Look to File Multi-Million Dollar Lawsuit
"Lack of radio, major press and MTV airplay couldn't stop KORN, so what makes some small-town assistant principal think that she can?" says FIELDY, KORN's bass player.
What's offensive anyway? The Supreme Court can't even figure it out.
"KORN's got things to say and over three million kids want to hear it. If you don't like it, don't buy it," says guitarist BRIAN "HEAD" WELCH.
"Where does an assistant principal get the right to preach her own morals and actually suspend a student?" says drummer DAVID.
Meanwhile, attorneys for KORN have served the Zeeland, Michigan public school district, the Zeeland High School and its assistant principal with a cease-and-desist demand for making defamatory comments about the band and infringing on their civil liberties. At the same time, the attorneys are investigating facts surrounding this week's incident -- whereby a student was suspended for wearing a T-shirt that simply carried the band's name on it after being warned two weeks earlier not to wear it again -- and are considering to file, on KORN's behalf, a multi-million dollar lawsuit against the school district, the school and its assistant principal.
The band and their management especially take offense at assistant principal Gretchen Plewes' comments to the Holland Sentinel newspaper where she said that KORN's body of work "intends to be insulting." She also described their music as "indecent, vulgar, obscene."
Should KORN triumph in an eventual lawsuit, they'll give the proceeds (after legal expenses are covered) to the ACLU and various charities for the prevention of child abuse.
Through their music, which has been praised by the press as socially conscious, cathartic and honest, KORN -- JONATHAN DAVIS (vocals), FIELDY (bass), JAMES "MUNKY" SHAFFER (guitars), BRIAN "HEAD" WELCH (guitars) and DAVID (drums) -- have specifically addressed the issue of child abuse and railed against its horrors. As a result, they've received thousands of letters from fans who have saluted the band for personalizing the issue of child abuse and giving them some sense of hope by letting them know that they're not alone. Several members of KORN have experienced the catastrophic effects of child abuse either through personal experiences or through the experiences of close family members and/or friends.
As noted in the Los Angeles Times, "'Daddy' (from KORN's 1994 self-titled platinum debut) is an unsparing primal scream of a song in which (Jonathan) Davis makes uncomfortably palpable the rage and grief of a young incest victim confronting his parents." In 1996 alone, according to a 50-state survey conducted by the National Committee to Prevent Child Abuse (NCPCA), over 3,126,000 children were reported to Child Protective Services (CPS) agencies as alleged victims of child maltreatment. Child abuse reports have maintained an epidemic, catastrophic growth for the past 10 years, with the total number of reports nationwide increasing 45% since 1987.
Rather than allowing their rage to result in socially unacceptable or unlawful behavior, KORN have turned their negative experiences into a positive release, exorcising their rage through their songs and live performances. Their fan club has over 100,000 members, thousands of which have expressed to the band how their lives have changed for the better because of the band's music. While many, may choose to sweep such an ugly subject as child abuse under the carpet, KORN are actually helping to save people's lives by giving them hope.
Says lead singer JONATHAN DAVIS, "Our band sends out positive messages to our fans -- we stand for something. We've inherited a world with horrible things like child abuse, and we want to let people know that they're not alone in dealing with stuff that's been passed on to them. After hearing about something as ridiculous as this, we wanted to stand up for the student's rights and let the school district know that we're pissed off at their treatment of the student and their attempt to discredit KORN as artists and human beings."
Adds Jeff Kwatinetz, manager of KORN, oWe find it especially disturbing that an educator who's supposed to be setting an example of what this country stands for -- things like free speech -- is attacking a student and a band that represents hope for millions of kids. Unlike some other bands who seek controversy for its own sake, KORN reach out to millions of kids who look up to them and connect with the band on a personal level."
KORN's so-called "vulgar, insulting" activities don't just end with their feelings about child abuse. They've performed at nearly 50 charitable concerts, requiring hundreds of hours of their time, for causes that encompass rape-prevention, the plight of the homeless, and the T.J. Martell Foundation for Leukemia, Cancer and AIDS.
In addition, KORN have been closely involved with the Make-A-Wish Foundation. Most recently, the foundation flew a terminally ill 16-year-old boy named Justin to California to meet the band. He ended up spending two days with the band, which moved KORN to title a song on their upcoming album "Justin." They have continued to keep in contact with Justin ever since. How "insulting"!
KORN have one of the most intimate relationships with their fans of any band in the music world. They're known for communicating positively one-on-one with fans in various KORN-related "chat rooms" on the Internet and America Online into the wee hours of the night. They're also very highly regarded by the fans who stay around late into the evening to meet the band after their concerts -- that's when the band take time to sign autographs or have their photos taken with fans until every last request is obliged.
As part of their outreach to fans, KORN last week launched their first of their weekly "KORN's After-School Specials," airing live on Thursdays at 4:30-5:30 PM Pacific Time at www.korntv.com on the Internet. Part variety show, part new music showcase, part talk-show satire, "KORN's After-School Special" (a take-off on the '70s "ABC After-School Special" programs) is emanating from a Los Angeles recording studio as they work on the follow-up to 1996's platinum and critically acclaimed LIFE IS PEACHY album.
Meanwhile, friends of the suspended student, Eric VanHoven, have circulated a petition protesting the suspension which has already been signed by over 400 people, including some parents. VanHoven has also been offered free legal advice from a local Michigan attorney, and is currently seeking out a lawsuit against the school on his own. KORN has been informed that a student walk-out is scheduled to take place Friday, March 13 at the school.
The following is a letter from the law firm of Stein & Kahan
Gretchen Plewes Assistant Principal Zeeland High School 3333 96th Avenue Zeeland, MI 49464
Re: Korn, et. al. v. Gretchen Plewes, et. al.
Dear Ms. Plewes:
Our law firm has been retained by Reggie Arvizu, Jonathan Housman Davis, James Schaffer, David Silveria and Brian Philip Welch (professionally known as and collectively referred to herein as "Korn") with regard to their rights and remedies against you and the Zeeland Public Schools Board of Education. All further communications regarding this matter should be directed to me.
On March 10 and 11, 1998, several press organizations, including the Associated Press, MTV News and the Holland Sentinel, reported that you made defamatory statements against Korn and their products. In particular, our investigation thus far reveals that you, among other things, maliciously and intentionally defamed Korn and its individual band members in an interview with a reporter from the Holland Sentinel. After falsely implying you were completely familiar with intent and meaning of Korn's lyrics as well as the intent of the individual band members, you proclaimed that, among other things, Korn was indecent, vulgar and obscene. You further claimed to have personal knowledge that Korn intends to be insulting to the listeners of its music. Your statements are patently false.
You further defamed Korn's merchandise. After stating Zeeland's policy prohibiting clothing which implies obscenity, violence, drugs, or sexual innuendo, you then stated that it was your and the school's factual determination that a Korn licensed t-shirt bearing only the word "Korn" is "obscene" and violates the school's policy. You further reiterated your own conclusion that the band itself is "obscene." These statements are also false and without substantiation. Indeed, we are anxious to hear your excuse for such comments as I am sure your lawyers will inform you the term "Korn" does not and cannot constitute obscenity under any recognized legal definition.
Your conduct can only be interpreted as a blatant attempt to smear the reputation of our clients, interfere with the sales of their music and merchandise and interfere with their First Amendment rights of freedom of expression. Indeed, it is sadly ironic that an institution and an individual purportedly existing to expand and provoke the thinking processes of its students have instead chosen to punish and prevent the freedom of expression and thought of those students.
We have advised our clients that your malicious conduct constitutes, among other things, defamation against each of the band members, trade defamation, intentional interference with prospective economic advantage and other intentional torts entitling our client to significant compensatory and punitive damages against you and the Zeeland Public Schools Board of Education. We are continuing our investigation into the statements made by you and that may have been made by other Zeeland employees. In the meantime, we hereby demand that you and all employees of the Zeeland Public Schools Board of Education cease and desist from making further defamatory statements about our clients, their music and their merchandise. If you fail or refuse to cease and desist from engaging in such wrongful conduct, be advised that we will commence without further notice litigation against you and the Zeeland Board of Education seeking substantial compensatory and punitive damages from the board an!
d you personally.
This brief statement of facts, and the rights and remedies of our clients set forth in this letter, are not exhaustive and are not intended nor should be construed as a waiver of any of our clients' rights and remedies at law or in equity, all of which are hereby expressly reserved.
Sincerely,
STEIN & KAHAN A Law Corporation
(Signature)
David G. Baram
cc: James Hatch, Principal (via facsimile)
Don Van Singel, President, Board of Education (via facsimile)
Gary Feenstra, Superintendent (via facsimile)
Eugene Salomon, Esq. (via facsimile)
Kary Love, Esq., ACLU (via facsimile)
CONTACT: Amanda Cagan, 818/380-0400, ext. 234
|
