FOR RADIO:			   			   
               "Is not beauty in music too often confused with something
               which lets the ears lie back in an easy chair? Many sounds
               that we are used to do not bother us, and for that reason are
               we not too inclined to call them beautiful? ...Possibly the
               fondness for personal expression- the kind in which self
               indulgence dresses up and miscalls itself freedom- may throw
               out a skin deep arrangement, which is readily accepted at
               first as beautiful- formulae that weaken rather than toughen
               the musical-muscles. If a composer's conception of his art,
               its functions and ideals, even if sincere, coincides to such
               an extent with these groove-colored permutations of tried out
               progressions in expediency so that he can arrange them over
               and over again to his delight- has he or has he not been
               drugged with an overdose of habit forming sounds? And as a
               result do not the muscles of his clientele become flabbier
               and flabbier until they give way altogether and find refuge
               only in exciting platitudes-"			   
                                          * * *										  
                         I begin with a quote from Charles
                         Ives, either from Postface to 114
                         Songs (1922), or, Essays Before a
                         Sonata (1920). 
                         Of course Ives was discussing the
                         tendency in music to skew toward
                         consonance, the act of resolution
                         in diatonic music, or maybe in a
                         general sense, that artists and
                         patrons alike, can fall victim to
                         the familiar. 
                         Nostalgia. 
                         Ladies and gentlemen of the jury,
                         it is my intention to prove today
                         that not only are you all
                         philistines, mucking about in your
                         own puddles of misguided longing,
                         but that you're not entirely at
                         fault. Your honor, whether it
                         displeases the court or not, I put
                         the entire system on trial! 

                                   ENTIRE COURTROOM
                             (riotous shouting)

                                   JUDGE
                         Order! Order in this court! My my
                         this is most unorthodox Mr.
                         Prosecutor. But I checked my judge
                         books, and there's no law against
                         it. You may proceed. 



               ACT I

                                   PROSECUTOR
                         I call for my first witness, the
                         defendant. An artist.

               The defendant, an artist, takes the stand.

                                   PROSECUTOR (CONT'D)
                         Now Mr. Artist, is it true that
                         you're not only responsible for
                         composing music that sounds
                         strikingly similar to 80's new
                         wave, but also a movie remake based
                         on another early 90's film, and a
                         television show that is almost
                         entirely reliant on scenes and
                         motifs reminiscent of film and
                         television of the 1980's? 

                                   DEFENDING ATTORNEY
                         Objection your honor. What
                         relevance is this?

                                   PROSECUTOR
                         Your honor I assure you this
                         question is very relevant.

                                   JUDGE
                         Overruled, please Mr. Defendant
                         answer the question. 

                                   ARTIST
                         Yes, it's true. My career has
                         brought me many successes. I have
                         many adoring fans and the children
                         I cast in my shows appear on many
                         popular late night talk shows and
                         viral  internet videos.

                                   PROSECUTOR
                             (scoffs)
                         Well, there you have it, ladies and
                         gentlemen of the court. A
                         confession!

                                   ENTIRE COURTROOM
                             (sounds of shock and
                              surprise)

                                   JUDGE
                         Order! Order in this court! Mr.
                         Prosecutor, the only thing you've
                         proven this artist guilty of is
                         "bringing the hits"

                                   ENTIRE COURTROOM
                             (applauds)

                                   DEFENDING ATTORNEY
                         Your honor, ladies and gentlemen of
                         the court. The only thing my client
                         is guilty of, is bringing the hits.
                         Bringing the hits to you, the fine
                         people who demand the hits.

                                   ENTIRE COURTROOM
                             (continued applause)

                                   DEFENDING ATTORNEY
                         Thank you, thank you. 

                                   PROSECUTOR
                         Your honor, "the hits?" This
                         artist's success is based entirely
                         off of some deep seeded misguided
                         adoration of the past! This idea
                         that people just want to see what
                         they've already seen? The idea that
                         things shouldn't be moving forward,
                         that we shouldn't always be
                         adapting and learning from new
                         thoughts and ideas, imagine that
                         this low level of critical thought
                         permeated other areas of our life?
                         The government, or heck this here
                         courtroom and our fine judiciary
                         system! What then your honor?

                                   JUDGE
                         Actually historically speaking,
                         most court cases see rulings based
                         on other past rulings, it's called
                         legal precedence.

                                   PROSECUTOR
                         I OBJECT!

                                   JUDGE
                         Overruled.



               ACT II

                                   PROSECUTOR
                         Fine, fine, Mr. Artist you may step
                         down down. I call for my second
                         witness... The art consuming
                         public!

                                   PEOPLE OF THE COURTOOM
                             (muffled confusion)

                                   PROSECUTOR
                         Who, for the purposes of this
                         trial, will be represented by none
                         other than... the jury!

                                   PEOPLE OF THE COURTOOM
                             (extreme outrage)

                                   JUDGE
                         Order! Order in this court! Mr.
                         Prosecutor this is highly
                         irregular, but for the purposes of
                         this narrative, I'll allow it. You
                         may proceed.

                                   PROSECUTOR
                         Thank you your honor. Now ladies
                         and gentlemen of the jury, I won't
                         ask that you take the stand one by
                         one, to be questioned individually,
                         that would take too much of these
                         fine people's time. Also I won't
                         ask that you all take the stand
                         together, collectively, on account
                         of that there box ain't big enough.
                         I will ask however, that you remain
                         seated in the jury box, but while
                         there that you remember you're
                         being questioned here, and I kindly
                         ask that you don't do any juring,
                         or jurying for that matter. No, no,
                         all I ask is that you sit quietly
                         while I shout at you. And answer a
                         few simple questions. Is that
                         alright with you?

                                   JURY
                             (muffled discussion)

                                   FOREPERSON
                         I'm the "foreperson." That's one of
                         the possible names given to the
                         juror who delivers the verdict and
                         generally preside over the jury
                         discussions. I'll do the talking
                         for the jury from this point on.

                                   PROSECUTOR
                         Thank you, Mrs. Foreperson. 

                                   FOREPERSON
                             (blushes)
                         My mother was Mrs. Foreperson. You
                         may call me Ms. Foreperson.

                                   PROSECUTOR
                         Really now? Well well. Is there a
                         "Mr. Foreperson?"

                                   FOREPERSON
                         I err... uhh... No.  I'm a "Ms."

                                   JUDGE
                         Mr. Prosecutor we're not here to
                         watch you flail and dance around
                         asking this woman out. Just get on
                         with it!

                                   ENTIRE COURTROOM
                         Ask her already!!

                                   PROSECUTOR
                         Ms. Foreperson, in the brief time
                         I've known you, you've challenged
                         me. You've taken me to new heights,
                         and made me see the whole world
                         anew. I feel as though I'm
                         continuing to uncover new layers of
                         you every day, and even, new sides
                         of myself. 

                                   ENTIRE COURTROOM
                             (sounds of "awww"ing)

                                   PROSECUTOR
                         What I mean to say is, Ms.
                         Foreperson, will you make me, Mr.
                         Foreperson?

                                   ENTIRE COURTROOM
                             (excited whispers)

                                   FOREPERSON
                         I uhh... No, what? Of course not,
                         I've only just met you and to be
                         quite frank you've done a good job
                         of creeping me out.

                                   JUDGE
                         Order! Order! Mr. Prosecutor can
                         you PLEASE get to the point?

                                   PROSECUTOR
                         The point your honor? The point is
                         that even in love, we need someone
                         who stirs the heart. Someone who
                         shakes things up and challenges
                         you! Someone who doesn't simply let
                         the lake lie still, but crashes the
                         waves on the shores of your heart!

                                   ENTIRE COURTROOM
                             (cheering)

                                   JUDGE
                         Order! Order! But Mr. Prosecutor,
                         she said "no."

                                   PROSECUTOR
                         Exactly! Exhibit A! The people have
                         bad taste! 

                                   ENTIRE COURTROOM
                             (rolls eyes)

                                   PROSECUTOR
                         Ladies and gentlemen of the jury,
                         who decides what art you consume?

                                   JURY
                             (hushed whispers)

                                   FOREPERSON
                         Well, we decide what art we want to
                         consume.

                                   PROSECUTOR
                         Ahh, do you? From what source do
                         you get art?

                                   FOREPERSON
                         From all over. 

                                   PROSECUTOR
                         Well sure, all over, but you would
                         have to agree that you don't get to
                         pick from all art, do you?

                                   FOREPERSON
                         What?

                                   PROSECUTOR
                         When you go to listen to a song,
                         what do you choose from? Do you
                         have all music ever made at your
                         disposal to choose from, readily
                         available? 

                                   FOREPERSON
                         Well, the Internet... Social media,
                         streaming services...

                                   PROSECUTOR
                         Ahh, you mean the collection of of
                         programs based on ALGORITHMS that
                         are designed to secretly bring you
                         certain content based on how the
                         programmers decide it should be
                         brought to you??

                                   DEFENDING ATTORNEY
                         Objection your honor! The people
                         still have access to other music,
                         outside of what they hear on
                         streaming services or are exposed
                         to through promoted advertising.
                         And anyway what does this have to
                         do with critical analysis in art?

                                   JUDGE
                         Sustained. Mr. Prosecutor get to
                         the point.

                                   PROSECUTOR
                         I'm getting there. Ladies and
                         gentlemen of the jury, do you have
                         access to all music? 

                                   FOREPERSON
                         Well, mostly. Yes I'd say so. All
                         recorded music. 

                                   PROSECUTOR
                         Ha! All "recorded" music! I call to
                         the stand, the Music Industry!

                                   ENTIRE COURTROOM
                             (shocked gasps)



               ACT III

                                   PROSECUTOR
                         Mr. Music Industry, would you tell
                         the fine people of this court what
                         it is you do for a living? For
                         money?

                                   MR. MUSIC INDUSTRY
                         We produce and record music. 

                                   PROSECUTOR
                         Ha! So you admit it! 

                                   MR. MUSIC INDUSTRY
                         Admit what?

                                   PROSECUTOR
                         Admit that you're a business! And
                         therefore your motivation is to
                         make profit! Therefore do you not
                         decide what to produce based on
                         whether or not you can sell it!

                                   MR. MUSIC INDUSTRY
                         Uhh, somewhat, sure that might be
                         the case. We just know what our
                         audience wants. And we bring them
                         it. 

                                   ENTIRE COURTROOM
                             (hushed whispers)

                                   PROSECUTOR
                         What the audience wants? I call
                         again to the stand, the art
                         consuming public! Who for the
                         purposes of this narrative, will be
                         played by the Jury.

                                   ENTIRE COURTROOM
                             (actually just one person
                              yawns)

                                   PROSECUTOR
                         Ms. Foreperson, how do you find out
                         about new music, movies, or
                         television?

                                   FOREPERSON
                         Usually friends. Or the Internet.
                         Review websites.

                                   PROSECUTOR
                         AHA! Review websites! I call to the
                         stand, review websites!

                                   ENTIRE COURTROOM
                             (mostly sleeping)



               ACT IV

                                   PROSECUTOR
                         Now, Mrs. Review website, please
                         state for the court what it is you
                         do for money.

                                   MRS. REVIEW WEBSITE
                         We curate.

                                   PROSECUTOR
                         You mean you tell people if art is
                         good or bad!

                                   DEFENDING ATTORNEY
                         Objection your honor! Leading the
                         witness!

                                   MRS. REVIEW WEBSITE
                         No he's right, we tell people what
                         is good and what is bad and in
                         exchange we make money from the
                         website ad revenues. Also sometimes
                         we get money from PR firms to cover
                         certain movies music or television.
                         Certain music review websites even
                         hold their own music festivals and
                         sell tickets. It's fucked up but we
                         have nothing to hide. We're not on
                         trial here.

                                   PROSECUTOR
                         Yes you are! I said I was putting
                         everyone on trial!

                                   JUDGE
                         Yes, he did say that.

                                   MRS. REVIEW WEBSITE
                         Oh... Uhhhhh...

                                   ENTIRE COURTROOM
                             (woken up now, shocked
                              gasps)

                                   PROSECUTOR
                         Mrs. Review Website, when you
                         review music why don't you discuss
                         music theory?

                                   MRS. REVIEW WEBSITE
                         Excuse me?

                                   PROSECUTOR
                         Why don't you discuss music on its
                         actual terms?! Why don't you talk
                         about specific rhythmic, melodic,
                         and harmonic principles?

                                   MRS. REVIEW WEBSITE
                         Well we uhh, well, the average
                         person doesn't know about the
                         intricacies of music, it wouldn't
                         be interesting for them to read.

                                   PROSECUTOR
                         Really? You think it's more
                         interesting for the reader to hear
                         about how close on a scale of one
                         to ten every band sounds like Joy
                         Division? And that's another thing,
                         you think you can attach a number
                         rating to something as complex as
                         art? It's absurd! What are you
                         hiding?!

                                   DEFENDING ATTORNEY
                         Objection your honor! I think we've
                         endured quite enough of the
                         prosecutor's bullying and
                         grandstanding. I push for closing
                         statements and an end to this
                         debacle.

                                   JUDGE
                         Sustained. Mr. Prosecutor, you had
                         quite enough time to make your
                         case. It's time for you to get to
                         the point.

                                   PROSECUTOR
                         The point your honor, and fair
                         people of this court, is nostalgia.
                         As has been stated in every
                         testimony, art is now fully engaged
                         in the business world. The goal of
                         a business is profit. What sells
                         the best? Nostalgia. We all hold an
                         affection for our past.
                         Collectively, as a society we love
                         it. And that's okay. It's okay to
                         like something because it reminds
                         us of what we've liked before. What
                         we've grown comfortable with. It's
                         just human nature.
                         But there's more to music, film,
                         literature, art in general, than
                         what we've seen before. There are
                         miles more to art, than what we've
                         seen. We've only scratched the
                         surface. But the more importance we
                         place on the familiar the more we
                         trap ourselves in the past. The
                         more we allow the people bringing
                         us this art, and the people
                         critiquing it to fall back on our
                         understanding and adoration of the
                         past, the weaker we all are for it.
                         To quote the early 20th century
                         composer Charles Ives, "Is not
                         beauty in music too often confused
                         with something which lets the ears
                         lie back in an easy chair? Many
                         sounds that we are used to do not
                         bother us, and for that reason are
                         we not too inclined to call them
                         beautiful? ...Possibly the fondness
                         for personal expression- the kind
                         in which self indulgence dresses up
                         and miscalls itself freedom- may
                         throw out a skin deep arrangement,
                         which is readily accepted at first
                         as beautiful- formulae that weaken
                         rather than toughen the musical
                         muscles. If a composer's conception
                         of his art, its functions and
                         ideals, even if sincere, coincides
                         to such an extent with these groove
                         colored permutations of tried out
                         progressions in expediency so that
                         he can arrange them over and over
                         again to his delight- has he or has
                         he not been drugged with an
                         overdose of habit forming sounds?
                         And as a result do not the muscles
                         of his clientele become flabbier
                         and flabbier until they give way
                         altogether and find refuge only in
                         exciting platitudes."

                                   JUDGE
                             (rolls eyes)
                         Jury, have you reached a verdict?

                                   FOREPERSON
                         Yes your honor, we have. We the
                         jury find all of society guilty of
                         feeling nostalgic.
                         Feeling nostalgic for a time before
                         this trial began.

                                   JUDGE
                         Here here. For wasting all of our
                         time, I sentence the Prosecutor to
                         twelve long months in the forced
                         memory camps. As for the rest of
                         us, if you'll look under your
                         seats, you'll find two tickets to
                         an all expense paid four week
                         vacation at Camp Voluntary Memory!

                                   ENTIRE COURTROOM
                             (cheering)

                                   JUDGE
                         Court adjourned!
                             (slams gavel)

                                                               THE END.




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