MCCOLLUM v. CBS, 202 Cal.App.3d 989, 1988

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McCollum v. CBS

  • Court of Appeals of CA, Second Appellate District, Division Three
  • 202 Cal.App.3d 989
  • July 12, 1988

Who wrote it?

Facts

  • October 26, 1984, John McCollum, 19, shot himself while listening to Ozzy
  • Had alcohol and emotional problems
  • Ozzy often directs his songs to "you"
  • Plaintiff alleges they can hear him say "get the gun / shoot shoot shoot"
    • "Hemisync" soundstate

Legally important facts

Prior procedural posture

  • Plaintiff complained that negligence, product liability, intentional misconduct
  • Court dismissed
  • Plaintiff appeals

Issue to be decided

Is Ozzy's music protected by the first amendment such that CBS is not liable for these damages?

  • Does Ozzy's music consitute incitement and therefore lose protection?
  • Could the Defendant have foreseen the damages that might result?

Law that applies

Court's holding

No incitement by Brandenburg

  • Plaintiff fails to allege basis for overcoming bar on of First Amend
  • Plaintiff fails to allege sufficient facts for intentional/negligent invasion of plaintiff rights

Dissent/joining opinion

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