Very obscure question, but I recently discovered that the famous comedian George Carlin was arrested after one of his shows, for performing a comedy bit where he examines the 7 most crude swear words, and he rattles them off several times throughout the performance. I’m under the impression that he was arrested for breaking obscenity laws, but the judge later threw out the case. Why was he initially arrested? Were obscenity laws stricter in the 1970’s? Any more background information would be very helpful.
Part 1: Why George Carlin was Arrested in 1972
The incident you are asking about - Carlin's arrest in 1972 - occurred after his performance at Summerfest, a multi-day, annual music festival held in Milwaukee, Wisconsin. This festival has been running since the 1970s and attracts hundreds of thousands of attendees. On July 21, 1972, at the fifth Summerfest, Carlin performed on the Main Stage one evening. Carlin did his "Seven Dirty Words" bit as part of his act.
The reason he was arrested was because of Elmer Lenz. Lenz was a police officer who was at the festival as a patron, there with his wife and child. They weren't in attendance at the Main Stage, but rather at the carnival midway. Supposedly the acoustics at Summerfest were such that Carlin's act could be heard on the carnival rides. When Lenz heard Carlin's "Seven Dirty Words" bit he became incensed. He later said:
I couldn't believe my ears. I couldn't see why nobody was doing anything about it.
And Carlin later said:
No one said to me, you know, 'Your voice is going to carry over to the cotton candy dispenser, so we don't want you to do that.'
Lenz rushed to the stage, ready to arrest Carlin in front of his audience. However, the police officers who were acting as security stopped Lenz and told him that he'd have to wait till the act was over. Lenz called for backup and once Carlin finished his bit and left the stage, he was arrested.
At the jail, the district attorney refused to file state criminal charges against Carlin. The Milwaukee City Attorney, however, did slap Carlin with a "disorderly conduct" charge. Carlin posted $150 bail and was released that evening.
Carlin's defense team encouraged him to pay the small fine associated with the disorderly conduct charge, but Carlin opted to fight it. In December 1972, Carlin's case came to court. The city called a single witness, a schoolteacher who had been at Summerfest with his sons. He testified that he and his boys had heard Carlin's language and that he had been offended by it, but acknowledged that he had not witnessed any sort of disturbance caused by the act.
The defense called the DA who had originally declined to charge Carlin the night he was arrested. He testified that he did not think a disorderly conduct charge was warranted because what he had seen when Carlin uttered those words were, "people laughing." The defense further argued that Carlin's show was meant for an adult audience (Carlin took the stage at 10 PM).
The defense then played the "Seven Dirty Words" bit from Carlin's latest album to the court. This pretty much settled the case, as it was apparent that Carlin's intent was comedy (rather than agitation or shock). Moreover, the judge had trouble keeping his composure. Carlin's lawyer noted that "The judge laughed throughout the entire thing." The judge threw out the charge, settling the matter.
Sources:
Sicknicks with Filthy Words: What Lenny Bruce and George Carlin can tell us about Political Correctness, by Joseph Mello
Seven Dirty Words: The Life and Crimes of George Carlin, by James Sullivan