The Crossroads

In the season finale of Devil Music, we walk down to the crossroads to make a deal.

Steven Johnson: When I listen to it, it connects me with him in a way that... if it weren't for the music, I wouldn't have no connection to him… Those songs is what I have. That's priceless. I mean, It's a blessing to be able to share with the world, you know?

Steven Johnson: He wanted to be a good man. Live a good life. Live life the right way. He tried marriage a couple of times. Even tried to marry my grandmomma, but because my great granddaddy was a Southern Baptist preacher, he wouldn't allow that marriage to be.

Steven Johnson: My granddad was born in Hazelhurst, Mississippi. At a very, very young age,  he ended up living with his mom and stepdad up in the Delta. And during his teenage years, he became intrigued with the guitar. And he would sneak out, looking in the windows of juke joints up in the Delta and listen to Son House and Charlie Patton and Willie Brown. He became intrigued…Something special about that music…

A young Robert Johnson, uninterested in share-cropping, working hard hours in the hot sun for little pay, began hanging around the dark bars in the Mississippi Delta. He’d catch performances from some of the originators of the Delta Blues. Musicians like Willy Brown and Son House.

Son House: So he’d follow me and Willy around on Saturday night, yeah Willy Brown.

Robert loved to watch Son House play. On occasion, the musicians at the juke joint would go take a break, smoke a cigarette, and Robert would slip up onto the stage.

Son House: we’d go out on break, catch some air, and he’d get the guitar and he’d just be noising the people, you know…they’d say make that boy put that thing down, he’s running us crazy!

Steven Johnson: All he doing is just noising to people. Get that, making all kinds of noise. Get that thing from him!

Robert was not good at guitar. And everybody knew it.

He was some local kid who the other bluesmen knew as an amateur, wannabe musician, and in the winter of 1931 Robert left the Delta heading south. He was on a mission to track down is biological father.

Steven Johnson:  Noah Johnson. And in searching for Noah Johnson. He hooked up with a guy called Ike Zimmerman. Ike became Robert Johnson's mentor. My granddad stayed at Ike's house a lot…

But considering Robert’s noisy inability, Zimmerman suggested they stop practicing in his house, around his family.

Steven Johnson:  Across from Ike's house there was a cemetery, and my granddad and Ike would go out in the cemetery and practice. He would say, "Robert, you can play just as loud as you want out here cause nobody's going to bother, nobody's gonna complain!’

Charlie Patton, an influence of Robert Johnson

Ike and Robert would sit on the edge of parallel tombs, and play. Often they’d pick their guitars through the night, singing midnight blues to the dead.

And this is where the story splits. In Son House’s retelling, he claims that Robert was away for just 6-8 months. In Steven Johnson’s research about his grandfather, he believes it was at least 2 years, maybe 3 or 4. But when Robert eventually returned to the delta, he stopped by some of his old haunts.

Son House: He was gone about 6, 8 months. When he come back me and Willy Brown was playin and he walked in and he says "can I play a tune?" I says "don’t come back with that Robert! you know the people don’t wanna hear that racket." he says  "let them say what they wanna say. I want you to see what I learnt.”

Robert proceeded to pick up the guitar and cast a sort of spell over the joint. It was as if 3 men were playing at once, a transcendent sound emanating from this young man they knew to be a noisy amateur. Something otherworldly poured from his fingers.

And so, in Son House’s telling, the room surmised, in his absence he must’ve gone to the crossroads and sold his soul in exchange for his newfound abilities.

Steven Johnson:  He was playing in a way that They had never heard. They didn't know that. I mean, how in the world could you leave that short period of time and then come back here out playin us? What did you do, Robert? And there goes the myth.

Robert did little to nothing to dispel this story in his life time, even writing songs about the crossroads, about the devil. Hellhound on my Trail, Cross Road Blues… And perhaps the proverbial nail in the coffin was that he would die young. The details are murky, but he was poisoned, and he had recently slept with the bartender’s wife.

Two years before his death, he was invited to record in San Antonio Texas. These recordings, plus a later session in a hotel room in Dallas a year later, would prove to be his full discography. Robert was poisoned in 1938 and died a violent death at 27 years old — the first in a line of influential musicians to die at 27.


Fil Corbitt:  Do you remember the first time you heard that story about Robert Johnson?

Chris Smith: Yeah, I do. And, and I heard it the way I think a lot of young white would be blues guys in the 1970s did, which is that an older person told it to me, probably another, slightly older white blues guy from whom I was trying to learn music

Chris Smith: I'm professor and chair of Musicology and Director of the Vernacular Music Center at Texas Tech University in Lubbock, Texas.

Chris also co-hosts a podcast called Sounding History, a great show that reframes global music history on a 500 year scale. In their first season, they made a piece about the fog of myth surrounding Robert Johnson.

Chris Smith: Son House was really the one who promulgated that story. Of course, Robert had died, and so Robert wasn't around to either confirm or deny it. But Robert's not the only person about whom that story was told. The blues man Tommy Johnson had that story told about him, and a great musician, great guitar player and singer called Pete Wheatstraw who called himself the devil's son-in-law. So it's this kind of common trope that blues guys used sometimes as a kind of self advertising thing. The thing about Robert is, Robert died young and he died as a result of malice. And Robert had a lot of songs about me and the Devil Blues and Hell Hound on my Trail. And he wrote toward that, if I could say. And he was an absolutely hellaciously good musician.

Fil Corbitt: I had noticed in the storytelling about Robert Johnson that there was this discrepancy between -- depending on who was telling it -- that there were certain people who were saying, he left for five or six months, came back, he was the best guitar player I ever saw. His grandson said he was gone for two or three years… Two to three years is plenty of time to get really good at the guitar. What he was doing in that time was he was going off to learn from Ike Zimmerman, an older blues man. And I mean, say it is one year, that is enough time I would imagine, to kind of develop a new style and pick up something if you're practicing it all the time.

Chris Smith: Yeah, And there's another thing about Robert that, that in the, in the early seventies when I first was introduced to his music, when the myth was still very alive amongst the young white guys of the blues revival... There's another thing that we didn't really realize about Robert at that time. Cause all we had was that Columbia LP set. Volume One and Volume Two of King of the Delta Blues Singers, and it collected all of his 78s. We didn't have the alternate takes. We didn't have other stuff. So it was this, almost like this fetish object. And here's this picture of Robert and in the, in the double one, the gatefold one, there's this beautiful image where he's sitting in the corner of a hotel room in Dallas, and he's facing into the corner of the room. This is the story we told on, on our own pod, on the sounding history pod, and he's doing it for a reason. He's doing it because he understands this technology behaves this way if I face in this direction. But it became this thing like, oh, but he was so tortured and shy that he couldn't bear to face people, and it wasn't anything like that. Ry Cooter said, no, that's not what he was doing, he was corner loading.

Corner loading is an audio technique, using the hard corner of a room to bounce and amplify certain frequencies over others. It’s a simple yet sophisticated approach to recording, and it can make a single voice and guitar sound just a little bit bigger.

Chris Smith: The other thing that we didn't really realize at that time was how much Robert was absolutely a second generation player, and one of the most important influences on Robert was that he could listen to records. Because that's where he really went to school. He went to school on the records of people like Henry Thomas and especially Charlie Patton. Charlie Patton was 30 years older than Robert. And the result was that Charlie started playing before there was recording. And there's a kind of beautiful, fascinating self consciousness that happens when a developing artist can access inspirations in material form, in physical form, and study them and like be a musicologist and go to school on them. And Henry Thomas and Charlie Patton, who were the first generation recorded, they couldn't do that. Not initially. Robert could, so Robert's second generation, kind of like we were the third generation who went to school on Robert’s records.

The fact that Robert Johnson had just one record - the 29 songs that made up King of the Delta Blues, was a big part of his legend.

Chris Smith:  I mean, it's understandable, right? We want to mythologize artists. We don't necessarily want them all, we don't want to perceive them as as tortured necessarily, although it makes a good story. But you know, creativity is mysterious. it's a mysterious thing, you know, especially in an art form like the Delta Blues that wasn't studied in universities, that wasn't taught as a formal, as a, as a considered sophisticated art. The myth is understandable because creativity is mysterious.

Chris Smith: Any creativity is situational. It happens at a moment in a particular way, and it would happen differently at another moment. I think we so much inherit this European romantic thing of — either the tortured artist in their garret, composing music or painting that the world doesn't understand, no one understands me! — or that it's this divine inspiration and, and in fact, the art forms that I'm interested in, not just the blues, are things that emerge out of circumstances and people, and people coping with circumstances.

Chris Smith: And for sure if you were a black person, a young black man in the Jim Crow South and you didn't want to work behind a mule or chopping cotton your whole life, then you were making choices to try to better your life. To try to have a life that wasn't brutal physical labor. Maybe have a life that would get you out of the Jim Crow South and you were putting yourself at risk just by being that person.

• • •


Steven Johnson: He said I went to the crossroads, fell down on my knees, and begged the lord to save poor Bobby if you please. Now, if you asking for God to save you, it don't sound like you was selling yourself to the devil, asking for salvation at the same time.

The grandson of the bluesman who sold his soul to the Devil, Steven is a now a blues musician and preacher.

Steven Johnson: I believe my granddad was at a crossroad in his life. It’s like, every time I go to do good, evil is present… When I first began to really study my Granddad's 29 songs, I listened to them and I understood the life that he lived from being a womanizer to being a person that wasn't brought up in a home with a loving mother and a father figure that he could see on a daily basis ,to being a traveling man to, being a womanizer and drinking... A lot of times he would drink to actually play the music and to do a lot of the devilish stuff that he did.

• • •


Chris Smith: Crossroads are mysterious places, mysterious, spooky. Risky places. Places full of risk and potential chaos in lots of world cultures. They are in West Africa. They are in the African Caribbean. They are in the American South. They were in in medieval Europe. That's why they put gallows and buried criminals at Crossroads. That's why Odysseus mistakenly meets his father and kills his father unknowingly at a crossroads, right? In the West African context, that crossroads is not a four-way crossroads.  It's a three way crossroads. It's three roads that come together. And the reason is that I find that a particularly resonant image is because if you're in a four way crossroads, like the end of the Tom Hank Castaway film, right? Where he's driving a UPS truck and he stops at a crossroads and the camera pulls way back wide and he stops there and it's evident that he doesn't know in which direction he's gonna go. He can't decide, but he could also at a four way crossroads, even if it's deserted, he could proceed straight, But a three way crossroads you have to make a choice.

right, or left.

Chris Smith: there's, there's power in that because life does do that. Right? And we don't know what comes on the road not traveled…Elegua is the patron of the crossroads, He's the God of chance or chaos or accident. He's also the God in a santaria ceremony, he's the God who comes first. If you're participating in Santaria Ceremony, the first songs are to him. And you sing and you play and you cleanse yourself and you pray in hopes that Elegua will will come because it's Elegua who opens the path. Right? It's that pathway thing again Elegua opens the path for the other gods to come.

This god of the crossroads and chaos is deeply linked to, perhaps one in the same with, the trickster. A figure that appears in cultures all over the world.

Chris Smith: when I'm teaching my own students, they always think of Loki in the Marvel comics universe.  Because you know, he starts out as being this chaos agent, right? But lots of cultures have chaos agents because I think in lots of cultures we understand that sometimes things happen for no good reason. Sometimes good things happen for no good reason and even more sometimes bad things. So we mythologize it. We say, 'ah, there's somebody who wants this chaos.' And one of the things I love about, about Elegua is that Elegua is really a way of saying, 'yeah, but chaos is gonna happen anyway, so why don't you make friends with it, maybe even learn to talk to it.'  And I think Robert, I think Robert did that.

The god of the crossroads is an agent of destabilization and it’s a god that has everything to do with pathways and direction.

Chris Smith:  I think that's a really good insight. To me, there's a kind of spiritual eloquence about understanding a change agent, the embodied deity of change, as not malicious, but simply as a personification, a deification of the way that the world actually is. The world is full of chance. The world is full of accidents, which are either horrible or happy, and a religion that accepts that, that says, 'yes, the world is full of chance and bad things happen for no reason, no appreciable, no seemingly visible reason. Just as sometimes good things do.'

Chris Smith: …there were moments in the history of this country in North America, in which it became theologically important to find, accident or change, to be evil, to be malicious, to attach malice to it, to perceive a malicious intelligence behind it.

Chris Smith: There's a great book by, uh, the journalist Michael Herr who's now dead. He, he was writing about the Vietnam War. He was one of the, Correspondence writing about that war and what it was like to be there as a young American. He wrote beautifully and, and very starkly and very sadly about Vietnam. And there's one point in the book where he says something like...  he's having a conversation with somebody and they're trying to trace,  when did the US involvement in Vietnam happen? Was it in 1965 when they faked the Tonkan bay explosion? or was it in 1962 when they sent advisors or you know, when did it happen? When, you know, when did it all begin? And he said, well, you know, you know, the really long historical view was, oh, it was when the French tried to hold onto it in the fifties. But Herr said, you know,

Chris Smith: (paraphrasing Michael Herr)”…maybe you just have to think back to those first English Protestants coming to North America and finding the woods of North America so deep and vast and scary that they filled up those spaces with their own devils…”


The pathway is hot, the sky thick with smog. Los Angeles Police helicopters endlessly whir overhead, while pinwheels on the ground mimic the action, squeaking in the light breeze of the cemetery. Early Summer in Compton and I walk the rows, reading hundreds of names, crouching to brush off the freshly mown lawn clippings.

With some help from the undertaker, I find the gravestone decorated with a small guitar. About 20 years after Robert Johnson’s death, his mentor Ike Zimmerman left Mississippi. Sometime in the 1950s he gave up music entirely and moved here to California, then became a pentecostal preacher. I wonder if he thought back much to his previous life, teaching guitar to a wayward kid in the local cemetery. Two men joined through music and circumstance, under a warm Mississippi moon. There’s a good chance Ike was no devil, just a good guitarist who died of a heart attack at 68 years old  far away from the Delta.


Steven Johnson: And I don't know, I wonder to this day, whether my granddaddy dismissed the myth or just lived alright with it. I really don't know. But I do know is the gift that he had and the skills that he obtained, came from a lot of practice and performances in the central Mississippi area during the time he came back.

Sometimes practice, patience, community seem of an other world. Inaccessible, hard to believe.

Chris Smith: Although it is a myth, although it was a myth that some of those blues guys attached to themselves or that others, some other blues guys attached to people like Robert, It recognizes that creativity is a mysterious thing.…you have to create the circumstances that permit the God to come or that permit the creativity to come. You gotta be pure, you have to have the right intentions. You have to have your tools. You have to have your space. You have to have your sound. You have to have your movement. You have to have your community who are all working together with true spirits to make this magical spark happen. …But I truly believe they, they emerge through moments of human communities trying to make sense of the world through which they're moving.

Chris Smith: I'm 63 years old. I don't need to believe what I believed at 13, that Robert had sold his soul. A half century later I can instead be completely humbled and completely inspired and completely empowered by the courage it takes in conditions of great suffering, whether you're black or indigenous or brown or female or non-cis, to turn around and say, ‘I'm going to make art that celebrates my experience.’ To me, that is the greatest mystery of all…

Chris Smith: And that's why I would sign that contract. 



Tags, Topics and Mentions: Robert Johnson, Delta Blues, King of the Delta Blues Singers, King of the Delta Blues, Willie Brown, Charlie Patton, Son House, Juke Joints, Mississippi, Origin of Blues Music, The Crossroads, The Cross Roads, Hellhound on my trail, crossroad blues, did robert johnson sell his soul to the devil, the devil at the crossroads, selling soul at crossroads, blues guitar history, Chris Smith, sounding history podcast, corner loading, Steven Johnson, Robert Johnson Blues Foundation, Grandson of Robert Johnson, the blues, devil music, the trickster, god of the crossroads, chaos agent, loki, odysseus, the wind, ike zimmerman, ike zimmerman grave, ike zimmerman blues, season finale, music podcast, music journalism, podcast from desk in the woods, fil corbitt

Judas Priest on Trial


Warning: this episode includes graphic descriptions of suicide.


In 1990 the Heavy Metal band Judas Priest went to court in Reno, Nevada for allegedly using subliminal messages in their music.

The following text post is an abridged version of the podcast episodes “Judas Priest on Trial” (parts 1 + 2). For the full story, audio examples and examination of the alleged subliminal messages, subscribe & listen above.


Two days before Christmas, 1985 Ray Belknap and James Vance climbed out of Ray’s bedroom window in Sparks, Nevada. The 1978 Judas Priest album “Stained Class” spun on the turntable behind them as they made their way to a playground at the Church of God. Ray carried a 12-gauge shotgun.

Both Ray and James had dropped out of high school, and for the previous couple of years had been working then quitting menial jobs. They drank, smoked weed, and spent a lot of their time listening to Heavy Metal. James’ mom Phyllis Vance was convinced that James’ depression and his disaffected worldview stemmed from that music, and especially his all-time favorite band, Judas Priest. “He could quote the lyrics like scripture,” she said.

Phyllis had convinced James of this on a few occasions. At one point, he sold all of his metal albums to Recycled Records in Reno. But the prohibition never lasted. His closest friend Ray was a metalhead too, and for James’ 20th birthday, Ray bought him a copy of “Stained Class,” the record that spun on the stereo as they dropped into the church playground. The two sat on a metal human-propelled marry-go-round, and Ray lifted the shotgun to his own throat, pointing up. He told James “I sure f***ed my life up,” then pulled the trigger. Ray died instantly. James, terrified, pulled the gun from a puddle of his best friend’s blood, and he too shot himself in the head.

But somehow, James survived.


Exhibit 36 Case no. 86-5844 // James' letter to Ray’s mom Aunetta (spelled wrong in document)

“I believe that alcohol and Heavy Metal music, such as ‘Judas Priest’ led us or even ‘mesmerized’ us into believing that the answer to ‘life was death’” - James Vance


In the attempt, James had severely damaged his lower face under his eyes. He underwent extensive rhinoplasty at Stanford, and would be in and out of serious surgery for the next 3 years. Despite the injury, he was cogent.

In early 1986, Phyllis and James Vance went searching for an attorney. Through a friend at church, they found a Reno lawyer named Timothy Post.

In Tim’s words: “They said, are you a Christian attorney? I said, well, I am a Christian… I'm a Christian who happens to be an attorney.”

32 years later, I interview Post in his Reno office — a small commercial building in Midtown, dotted with Abraham Lincoln memorabilia.

“And… I turned them down. I said, no, you got a thing called the First Amendment. Free speech.”


Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The first amendment, introduced as “Article the Third” in the Bill of Rights. September 25, 1789

Since the ratification of the Bill of Rights there have been many cases in the US supreme court that have built on this amendment, and changed it in key ways. The main exception that most people know is that it’s illegal to falsely yell “Fire” in a crowded theater. This phrase comes from a non-binding dictum by Oliver Wendel Holmes in a 1919 supreme court decision —Schenck v United States. Summarizing here, Holmes claimed that if speech creates a “clear and present danger” it is not protected.

Another landmark case in first amendment rights was in 1969 — Brandenburg v. Ohio — a complicated and hairy case involving the KKK. In short it ruled speech that incites unlawful action is not protected by the First Amendment. The Brandenburg Test is still used today, deciding if the speech is “directed to incite or produce imminent lawless action,” and is “likely to incite or produce such action.”

Courts have found time and again that the speech of artists, no matter how violent or subversive or political, is almost always covered by the first amendment.


While the Vance family was hiring Timothy Post, the family of Ray Belknap had hired Reno attorney Ken Mckenna. Speaking to Mckenna over the phone, he said “the purpose in filing the case initially was to just make a point, uh, to create, um, public awareness that these type of lyrics were existing, that there did seem to be a causal connection and that. Morally, ethically, the industry should be, you know, held to task, uh, for what they were doing…”

The cases would later merge, and though they didn’t expect the cases to be successful, McKenna and Post originally filed a civil complaint solely based on the lyrics. As Post put it, “ the case started out as lyrics that incited violence…”

In the original civil complaint, Post cited the lyrics to “Hero’s End”, the final song on the album.

Around this time, another lawsuit was filed for the suicide death of a teenager. In Riverside California, John Daniel McCollum had killed himself after allegedly listening to Ozzy Osbourne’s song “Suicide Solution.” Though on the surface that might sound like a smoking gun, the lyrics seem to refer to alcohol as a suicide solution: a liquid that kills the drinker.

“Wine is Fine but whisky’s quicker // Suicide is slow with Liquor”

Osbourne says the song was a response to the death of the AC/DC front man, who died a tragic alcohol-related death at a young age.

Ruling in favor of Ozzy Osbourne, the judge dismissed the case and the precedent was a clear judicial speed bump in the burgeoning movement to regulate the lyrics of heavy metal, punk and hip hop. And also, it seemed to highlight the underlying weaknesses of that movement. What seems like a suicidal anthem to some, is an unlikely anti-drinking ballad to others.


Subliminal Seduction by Wilson Bryan Key ISBN-13 978-0135730065

The case appeared to be headed for dismissal, but then, things took an unexpected turn. As a shot in the dark, Ken McKenna sent the album to Bill Nickloff, a biologist who moonlighted as an independent producer of subliminal self-help cassettes. According to McKenna, Nickloff created tapes out of his studio in Sacramento that aimed to help listeners lose weight or quit smoking.

Nickloff listened through the record and claimed that it was jam packed with subliminal messages.

Post remembers it not quite as a shot in the dark, but an encounter between McKenna and an ex-client, “My co-counsel did a divorce for Wilson Bryan Key, the subliminal expert. He got to talking to him… and he said, ‘Hey, are they're subliminals? You better find out.’”

Wilson Bryan Key was a professor and author of several popular books that dealt with subliminal messaging including Media Sexploitation and Subliminal Seduction.

When McKenna presented the possibility of subliminal messages to the judge, Jerry Carr Whitehead of the second judicial court of the state of Nevada chose not to dismiss. In short, he argued that subliminal messages would not fall under the purview of the first amendment, and were therefore actionable.

Key gave a lengthy (200+ page) deposition in the case, and appeared on news reports to play backwards recordings of Judas Priest songs. Key and Nickloff would be two of the plaintiff’s expert witnesses in the case.

Though Nickloff created cursory tapes illustrating the alleged subliminal messages, the record company responsible for Judas Priest ,CBS Records, was ordered to produce the 24-track master tapes. They dragged their feet for a long time, claiming the masters were lost before eventually producing the 24-track tapes. This angered the judge, though he would ultimately concur that these were to original tapes and not tampered with.


In 1988, James Vance died in the hospital. He had been on a litany of medication, and under extreme emotional duress after the accident. His family, along with the family of Ray Belknap, continued to trial after his death.


1990. It was a hot July day when Rob Halford, Ian Hill, Glenn Tipton and KK Downing, all members of Judas Priest, walked up the courthouse steps in downtown Reno. They were welcomed by a throng of metalheads — kids in leather and band t-shirts lined the sidewalk with handwritten signs. Images of this moment were captured by filmmaker David Van Taylor, who was shooting a documentary. The film, Dream Deceivers, is an excellent in-depth look at the case released in 1992. I caught up with David Van Taylor over video chat.

“The atmosphere in the courtroom was…mixed. I mean…some of it was quite absurd, and it was a media circus, as the expression goes.”

David filmed in the courtroom as the trial unfolded, and though the plaintiffs’ case was initially built on the work of Wilson Bryan Key, he didn’t play much of a role in the actual trial. Instead, the attorneys leaned on Dr. Howard Shevrin, an academic psychologist with strong accolades.

The Defense meanwhile hired their own expert on subliminal stimuli, a professor and prolific writer on the subject, Timothy Moore. Moore was partially there to challenge the work of Key, from a scientific standpoint.

“ I mean…he himself was not a scientist. He had no background in science. His books were popular, but they were, uh…. let me put it this way…. He was an outlier in terms of scientific credibility or standing.”

In his book Subliminal Seduction, Key offers several examples of his findings of subliminal messages. In one magazine ad for Gin, he shows a tall glass of clear liquid with a lime, overflowing with ice. He points your eye to 3 of the four ice cubes, where he has found the letters S E X. To him, this is clear evidence of tampering.

He then draws the readers eye to several faces he sees in the ice cubes. One, he claims is a reference to the WW2 graffiti character Kilroy, then to what he claims is the face of a woman in the ice.

Though I can vaguely see the S caused by the silhouette of the lime, and 3 horizontal lines that could be seen as an E, I do not see the X, or the Kilroy or the woman, and I especially do not see in the reflection of the bottle cap what Key sees: “a man’s legs and partially erect genitals.”

Key saw genitals in everything, he claimed the word SEX was everywhere, and that people were being secretly exposed to latent homosexuality, and as he laments in one college lecture, inter-racial cunnilingus.

Key often seemed to sense his readers’ skepticism and periodically backed up these claims with what he referred to as evidence. He said for instance that 90% of the test subjects agreed with his assessment in another example, finding gendered symbolism in ice-cubes. But something he never does in the book is explain who the test subjects were, what the experiment was or who conducted it. Through context clues, it seems that his experiments were conducted by him in his university classes by vote, though he never offers documentation.


The trial came down to a handful of examples of alleged subliminal messages. To hear examples and decide for yourself, listen to the podcast episodes above.

Nickloff presented his findings in court through a digital audio workstation, and a fairly imposing stereo set up. Though I was unable to get my hands on Nickloff’s original tapes, I did my best to recreate his findings based on his written testimony and transcripts of the trial.

Exhibit 101 • Notated waveforms (Case no. 88-5844 James Vance vs. Judas Priest)

“Better by You, Better than Me” original version by Spooky Tooth.

“Better by You, Better than Me” cover by Judas Priest.

It was unlikely that Judas Priest would ever end up in this courtroom. But what seemed like a fairly long-shot case to many, was being very seriously considered. So the band hatched a plan.

David Van Taylor: “They hit upon this idea that they would go into a studio in their off time. Play the music in question backwards and look for what they could hear. Which is a very smart and very theatrical idea, so that they could demonstrate to the judge that if there was anything backwards, that it was random essentially. And yet they were walking a thin line, right? Because if they seemed to be too theatrical or glib or presentational …then it might have backfired.”

In an extraordinary moment of the trial, Rob Halford carried a boombox up to the Judge. He stood just above Judge Whitehead, and cued up a tape from the album in reverse. It seemed like a risky move.

ROB HALFORD ( COURT TRANSCRIPT): The backward interpretation is ‘I asked for a peppermint, I asked for her to get one’ and forward, ‘standby for exciter. Salvation is his task.’ So what we'll hear first is I asked for a peppermint, I asked for her to get one. “

Halford cued up a segment from the album’s first track, Exciter, and brings the court’s attention to the reverse lyrics, which when prompted, can clearly be heard as “I asked for a peppermint, I asked for her to get one.”

It’s really difficult to read his expression, the judge is stern. He looks down at his notes, hands folded, and then shifts his eyes up to the courtroom, looking far into the distance.

Rob Halford (Transcript Dream Decievers Documentary): “To be close to him like that was, was a real, real experience. I got the distinct feeling that the judge was thinking, oh dear… These guys are right…”

It seems that this theatrical risk has paid off. And so, after weeks of testimony, the court adjourns…


ORDER

• • •

James Vance vs. Judas Priest

 

Full Judgement / ORDER of James Vance vs. Judas Priest (Case No. 86-5844)

 

It costs 50 cents/page to print at the courthouse. The final judgement runs me about 40 bucks. First, Judge Whitehead lays out a lengthy foundation. He is fully aware that this is an early judicial test of subliminal messaging, and seems to be putting his stamp on the caselaw. He cites Thomas Payne, Fergerstrom v. Hawaiian Ocean View Estates, the Magna Carta. Then sets up a legal argument for the exemption of Subliminal material from First Amendment protection.

Eventually he gets to the findings. First, the master 24-track tapes provided by CBS records are in fact the originals.

This had been a point of contention. CBS took forever to hand them over, and the plaintiffs saw that as evidence of possible tampering. The Judge did not agree, but fined CBS $40k for their foot-dragging.

Then, the important stuff. Does the “Stained Class” Record Contain Forward Subliminal Messages?

Page 17 line 21

Finding of Fact Number 2:

“The words “Do it” are present several times on the song “Better by you Better than me.”

During the various demonstrations on special audio equipment when the sound was identified, isolated, amplified and the Court’s attention drawn to it, the Court could hear the words “Do it.”

Page 18 Line 7: Finding of Fact Number 3: “The DO ITS ON THE RECORD ARE SUBLIMINAL.”

Page 18 line 15: Finding of Fact Number 4: The Words Do it are the result of a chance combination of sounds: The words were not intentionally formed.

Despite finding subliminal “Do Its”, the judge found Judas Priest not liable for the suicide pact of Ray Belknap and James Vance.


The judgement goes on to say that the scientific research presented does not establish that subliminal stimuli can cause conduct of this magnitude.

Then, in what will likely stand as judicial precedent possibly in textbooks and public consciousness, the Judge writes that Ray Belknap and James Vance had behavioral problems in school, that they had a history of aggressive behavior, run ins with the law, drug and alcohol problems, a record of unstable employment, and violent fantasies. All of that on the official record.

Page 48 Line 7: “Conclusion: Since the defendants have prevailed on the ultimate issues in the case, there are those who may for that reason believe that this has been a one sided trial and that the plaintiffs have presented no credible evidence. Such a belief would be erroneous. After listening to all of the evidence presented during the four weeks of trial, the Court believes that the position taken by the plaintiffs in this action was an arguable one.”

Though causation was not proven, it is unknown what future information, research and technology will bring to this field.

Dated this 24th day of August, 1990

Jerry Carr Whitehead


Timothy Post: “Now that I've had a life to live since this case, I thought so then I think so even more now… I think we should have pounded the morals more. Show me where violent lyrics has done anything good, where it helps the human organism show me where talking about death and suicide and shooting and satanism is good. Tell me something good about the whole Satanic mindset. “

David Van Taylor: these parents and their legal quest was misguided. But I also think that it's very clear that they went into this situation powerless and unarmed, and they ended it, powerless, unarmed, and beaten up and publicly humiliated. You know? Not having gained any measure of justice or insight or recompense or power from, from this process.


Interviews:

Timothy Post + Ken McKenna

David Van Taylor • Dream Deceivers

Timothy MooreScientific Consensus and Expert Testimony

| • • |

Additional thanks to: Thomas, Edith Caufield, Robert Olson, Ben Birkinbine, JT Green and Emily Pratt. The music in these episodes was largely reference clips of Judas Priest, plus tracks from the public domain and friend of the show, Yclept Insan.

Topics, Tags, Keywords: heavy metal, subliminal messages, subliminal messaging trial, judas priest, subliminal messaging, heavy metal stories, judas priest trial, james vance, dream deceivers, metal subliminal message, devil music, the wind, reno podcast, james vance vs judas priest, judas priest subliminal, metal podcast, reno nevada, heavy metal trial, Case #86-5844

TRANSCRIPT

The Singers

The sun has set but the clouds are blushing: an electric pink over the yawning valley. A late-summer powwow singing contest unfolds over three days in a high desert bowl.

51 North at the Numaga Indian Days Powwow. Video by Yoyoyo ItsHendo (Follow him for more!)

Bad Soul at the Numaga Indian Days Powwow in Hungry Valley, NV. Video by YoYoYo ItsHendo

Shiprock Agency at the Numaga Indian Days Powwow in Hungry Valley, NV. Video by YoYoYo ItsHendo

Little Bear at the Numaga Indian Days Powwow in Hungry Valley, NV. Video by YoYoYo ItsHendo

Red Planet, Blue Planet

Cory Mcabee rides his bike from Maine to Florida, following the migration path of the Monarch Butterfly.

De-motivational speaking, improvised science lectures, human composting and green burial, martian colonization, bicycles, a controversial podcast episode and a recitation of Pale Blue Dot by Carl Sagan.




Tags, Topics + Mentions: Cory Mcabee, Green Burial, Human Composting, I_Butterfly, Monarch Butterfly, Monarch Butterfly Migration, Music Journalism, the complex path of the butterfly, Small Star Seminar, Carl Sagan, Pale Blue Dot, Red Planet, Blue Planet, Bicycle touring, Conservation cemeteries, conservation burial alliance,  Stingray Sam, Mars, Welcome to Mars

Whip Law



An audio investigation of Reno’s whip culture.

How a small sonic boom came to represent homelessness in Reno, and how the city responded to unhoused people taking up sonic real-estate.

Utility, aesthetic language, 911 tape and the search for Reno’s master whip maker.

 

“The popularity of possessing a whip and cracking has grown significantly over the last few years…Calls for service regarding the whips have nearly doubled over the last year.” - Lt. Ryan Connelly, Reno Police Department speaking to city council.

“…we gotta travel at night. We don’t want all of our stuff out here. So we travel the bike trail. And there’s skunks and raccoons and even snakes, gosh you name it. Well we had a bear down here, know what I’m saying? So that crack is very useful to make em go away for sure.” - Monica Plumber

“The tip of the whip obviously breaks the sound barrier, if used correctly, the integrity of the whip is compromised, due to not being professionally constructed and the materials that they are made out of…..The vast majority of the whips that we have seen in and around town are homemade, and they use a variety of materials such as rope, string chains, leather to name a few.” - Lt. Ryan Connelly, Reno Police Department

“And you know, one has a different sound than the other. We can tell who’s who just from the crack from down the river. It’s amazing... You can really tell where your family is at…” - Monica Plumber


“I ask that you pass the proposed ordinance regarding whips. I frequently hear the whips cracking. I hear them from my home. I hear them when I'm out and about. They make a very scary noise. They basically sound like a gunshots…” Eric Lerude, Public Comment

“…I enjoy the public spaces and the last couple of years, it gets worse and worse. Three a.m. in the morning, it's simulated gunfire. And it's a means of intimidation...” Anthony Townsend, Public Comment

“…I think that the whip ban is discriminatory. … I mean, if there's if there's an issue of them attacking people with the whips, that should be a an assault thing. And there's already laws in place for that… Why are we making criminals out of people over something that helps them?” Gabe Stransky, Public Comment

“The unsheltered population is over-policed, lacks trust in law enforcement, and this ordinance threatens any efforts to build that trust…” - Holly Wellborn (ACLU of Nevada), Public Comment

“I don't believe that artistic expression should interfere with people's quiet enjoyment of their property.” - Councilmember Naomi Duerr

“…I think it's intimidating. I think it's absolutely dangerous….This is in no way an art form, I'm sorry…” Reno Mayor Hillary Scheive

“I've heard from the people for this ordinance and people with concerns for this ordinance that they understand the whip crackers to be people who are homeless. Is that like a universal given as we move forward with this?” Councilmember Jenny Brekhus


“…I’m alone. I don’t have boyfriend or any of that… I don’t carry a knife…So it’s nice to know that my family is out here with me. And if I crack my whip, somebody will crack theirs.” - Monica Plumber

Monica Plumber:  This is rough. This is really rough. And it’s really scary sometimes.
The Wind: What do you mean by "this"?
Monica Plumber: Being out here. Homeless.

“Mine’s just to get attention from like everybody around, they know I'm in the area when I crack my whip.” - Hatchet

The Wind: Do you think it's about power or control?
Hatchet: It's more like releasing… Because when I get angry, when I get sad or something, I just pick up a whip, it helps me release it... Honestly, I use to get physical. With people and stuff when I get angry, but not anymore. Once I started doing the whip, cracking the whip, It just released all that.”
The Wind: Do you have a favorite in town?
Hatchet: My favorite has to be Fernando. He braids the best.

“With a lot of uses with the whip, they're using just the sound of it. (Historically) there would be different patterns or different sequences usually referred to as a flash. There would be the Queensland Flash or the Sydney Flash, and it would be basically a unique sequence of cracks or unique rhythm that would be recognizable. So you would hear that and be like, Oh, that's you know, this delivery company or, you know, what have you that's coming down the road. …” - Matt Franta, Los Angeles Whip Artists


“…I’ve been on the streets since I've been to Reno, so I've been in Reno for 14 years…I got into it because I was homeless…. At first I didn't like it. It was like, “These are stupid you guys are you're wasting your time.” But then I was like, man, “if you guys can make it, I bet I can make a better one.” Competition…I have ADHD. So my hands are always moving, and this right here, constantly, you're moving up and down.” - Nando, Downtown Reno Whip Maker

“Hello this is Lisa, a local resident of Reno, and I'm very concerned about the current atmosphere and the knee jerk reactions going on with these horse whips. It's called a crop. They are used for the hind quarter of the horse to move the horse out of tough situations such as the river, any kind of running water… So to just suddenly ban them. It's it's silly. Being a horse rider and knowing many ranchers here in town, we're just appalled. I can't believe this. Please reconsider the decision because valuable tools and can often be used to help move the horse in a dangerous situation… I cannot stress to you guys the value and the importance of retaining the horse crop for use in public service. Thank you.“ - Lisa, Public Comment

“…If you've got a horse and you're down south, that's totally fine and fair and you're not going to be penalized for using that whip. So again, it really gets to… the problem is the downtown. The problem is we have, you know, whips cracking downtown, sounds like gunshots. People report gunshots and that activity has got to stop and we don't expect to see that outside of the downtown corridor area.” Jonathan Shipman, Assistant City Attorney

“…A lot of us, we live downtown. I mean, homeless, you know, I mean, like, we live downtown and it is what it is. We don't really we don't have the means to go all the way up to the country and all that.” - Nando


“…like any sort of kind of like spiritual practice or, you know, trying to to cultivate mindfulness or meditation as as a movement artist, I prefer moving meditation, right? Something that I can connect body and mind that way rather than sitting still… it's something that you can stick with your entire life. There's always more to learn.” - Matt Franta, Los Angeles Whip Artists

Whip. At my request, Nando braided a twig of aspen from Throat Forest into the handle. (Pictured on my desk)

“Each time I make a whip, I lose a piece of my soul. Not for the bad… Like when I do go one day, if my whips are still around, if they're not in the garbage, I'm still going to be here… this one right here, when you take this one, when I'm done with it, my spirit is in this. A piece of my soul goes, know what I mean? And … I grow a new soul. All the time I've had on the streets and all that, just everything I've been through… all the bad. It gets put into these whips, you know? I become a new me each time.” - Nando


Thank you to Emily Pratt Mike Corbitt and Anjeanette Damon for support and advice on this episode. Additional thanks to Nico Colombant & Natalie Handler. About a month after our interview, Nando was evicted from his motel room, along with everybody who lived in the building. He and his wife found another place. After the whip ban passed, I heard from a few people that their whips had been confiscated. Three people I spoke to said that they were simply making replacements, and whipping more frequently in the middle of the night to avoid detection.

Episode scored by Howls Road

+ Mountains by Yclept Insan

Math behind Whip Cracking

Our Town Reno blurb on Paul Espinoza

Matt Franta • Website LA Whip Artists


Transcript of this story

Tags, Topics and Mentions: Whips, Reno whips, Reno whip man, Reno, Downtown Reno, Audio Journalism, Radio Journalism, bullwhip, bullwhips, reno whip law, reno whip ordinance, reno's whip problem, whips in Reno, whip culture, 911 audio, sonic booms, public comment, community journalism, Reno City Council, Naomi Duerr, Jenny Brekhus, Hillary Schieve, Devon Reese, Oscar Delgado, Bonnie Weber, Neoma Jardon, City Attorney Karl Hall, Assistant City Attorney Jonathan Shipman, Ryan Connelly, Reno Police Department, Reno Police, Reno 911, whip braiding, whip making, how to make a whip, paracord, how to make a nylon whip, whip sound, houselessness, homelessness in Reno, unsheltered population in Reno, point-in-time count Reno, Truckee River, Brick Park Reno, Methodist Church Reno, Reno City Plaza, Wells Overpass, Brodhead park, Wingfield Park, Arlington Tower, Park Tower, Reno riverwalk, Los Angeles Whip Artists, Howls Road, The Wind, The Wind Podcast, thewind.org