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Old 01-13-2018, 03:42 AM
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unkJE unkJE is offline
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Join Date: Dec 2011
Location: Adelaide, Australia
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Standing up for the oppressed

Abraham Lincoln quote:
"All it takes for evil to triumph is for good men to do nothing."

Powderfinger - Black Tears
https://youtu.be/PVPiqvW4IFo

https://en.wikipedia.org/wiki/Black_Tears

Controversy
On 2 May 2007, mX, an afternoon newspaper in Brisbane, revealed that the defence team for Senior Sergeant Chris Hurley would be referring the song to Queensland Attorney-General Kerry Shine, due to concerns that the song's lyrics could prejudice the 2004 Palm Island death in custody, where Hurley had been charged for manslaughter. On 2 May Hurley's lawyer Glen Cranny said "The content and proposed timing of the song’s release raises some serious concerns regarding Mr Hurley’s trial."[1] It was claimed by the defence team that the song's lyrics were similar to the events that took place surrounding the death of Mulrunji. The band's manager, Paul Piticco, conceded the song was about the case but insisted they were not specific enough to cause a problem.[2] The album was set to be released 10 days before Hurley would face Townsville Supreme Court, on 12 June. There were concerns that the case's jury could potentially be biased by the lyrical content.[3][4]
Due to the concerns raised, Powderfinger sought legal advice. Then Queensland premier, Peter Beattie, who had legal experience, said the song was likely to be protected by free speech laws, noting "The matter would have to go pertain specifically to the issues of the trial" for a "prejudice" argument to be raised.[5]
Several days after the initial threats of legal action, Powderfinger backed down and announced they would change the song. The band's lawyers sent Shine a copy of the new, altered lyrics. It was then reported that an analysis of the new lyrics found they were safe to release.[6] This was the version that would later be used on the album.[7] A statement from Shine's office stated that "Crown Law has examined the lyrics. Crown Law have advised Mr Shine's office the lyrics raise no legal concern."[8]
In a June 2007 interview, Fanning noted that Powderfinger hoped to re-release the original version of the song in the future, after the case had been settled. He also said that he was not angry about having to change his lyrics, but lamented the lack of Australian musicians willing to challenge the status quo.[9]
The legal threats against the song were attacked heavily by some writers, including Andrew Stafford of The Bulletin. He noted that it was highly unlikely "Black Tears" would be released as a single, so potential jurors would need to "buy a copy of Dream Days in the ten days between its release and Hurley's trial just to hear the song". He also noted that Piticco had stated the lyrics could just as easily refer to a death in Brisbane, not on Palm Island.[4]
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