Lawyers representing the family of a teen-age girl who was murdered by three self-proclaimed fans of thrash-metal band Slayer [ tickets ] said Thursday (1/23) that the family's attempt to hold the band partially responsible for the murder is not a First Amendment issue.

In July 1995, 15-year-old Elyse Pahler was strangled and then stabbed 15 times with an antler-handled hunting knife by Jacob Delashmutt, Joseph Fiorella and Royce Casey. In its lawsuit, the girl's family claims that the boys were following Slayer's lyrics when they sacrificed Pahler, and that the band, its label, Sony Music, producer Rick Rubin, music retailers, and others should be held responsible.

"This case has nothing to do with the First Amendment," said Allen Hutkin, one of the family's attorneys. "It's about protecting children. The Pahler family is not out to censor or to stop Slayer from making this music. They're simply saying we don't want them to market this stuff to kids without parents being involved in the decision about the kids getting to hear this stuff.

"They would like it to be off limits. ... Just like a child can't go to X-rated movies, they don't want them to be able to buy X-rated music. Kids can't go watch snuff films, but we're giving them snuff music. People say not every kid who listens to Slayer [ tickets ] turns into a killer. The reality is [that Slayer is] standing up at the top of the Empire State Building throwing golf balls off. They may not kill somebody with the first golf ball. They may not even kill somebody with the second golf ball or the third, but eventually they're going to hit somebody on the head and kill them."

Judge Jeffrey Burke of the Superior Court in San Luis Obispo, Calif., disagreed, ruling on Tuesday (2/23) that the Pahler family's complaint ran afoul of the First Amendment. Based on the judge's advice, lawyers for the family plan to amend the complaint and re-file it within 60 days.

But noted First Amendment lawyer Floyd Abrams, who defended Sony Music in the case, said he doesn't believe the claim against Slayer, the label, and other music industry-related businesses will be will successfully amended.

"Judge Burke observed that the recordings--[the lyrics to] all of which he had read--were more descriptive than instructive," Abrams said. "I'm speaking for me now, [but] I think it's most unlikely that the claim will be allowed to continue.

"We're delighted that the judge dismissed the claim. This case has always been one which posed grave threats to First Amendment interests, and Judge Burke's ruling embodied and protected those significant values by dismissing the case."

The Pahler family, through their lawyers, made two claims against the music industry.

"One is the incitement complaint," said Frank Janecek, another one of the family's lawyers. "Basically what happened is the boys followed Slayer lyrics when they sacrificed Elyse Pahler, and conducted the brutal, horrible, rape and murder that they did. The other claim is the business claim, the marketing claim. That's that Slayer's lyrics contain obscenities that should not be provided to children, and the defendants marketed Slayer albums to minors, in violation of California law."

Also within the 38-page claim, lawyers cite civil rights violations against Elyse Pahler and negligent supervision charges against the parents of Delashmutt, Fiorella and Casey.

As evidence, the claim includes pages of Slayer lyrics and photos of the band's liner notes, as well as background information about the boys, all whom had pleaded no contest and were sentenced to life in prison by 1998. It says that the trio acted out Slayer lyrics in order to further their own death metal band.

"They were into drugs and they would sit there and study the lyrics and they decided to follow what the directives of the music were telling them," Hutkin said. "The music basically said kill a virgin girl and have sex with her dead body. That would be sacrifice to the devil and you'll prosper as a result of this. That may sound foolish to you, who is an adult and you're educated and you're bright. But to an adolescent boy who is fearful of girls, who is taking narcotics and potentially screwed up in the head already, they believe it.

"The analogy would be sort of what the Third Reich did during World War II. If you think about it, the Third Reich blamed the Jews, gypsies and homosexuals for all the problems of Germany. And, the first couple times people heard that message, they said, 'Yeah, right.' But then the message continually was repeated. There was no one contradicting that message. Over and over. The kids believed it. What Joe Fiorella said … is he's embarrassed now as to how influenced he was by the music."

Even if the amended claim is dismissed, attorney Janecek said that the family isn't going to give up.

"We're assuming that the defendants will challenge the complaint again and at that time we'll find out if we go forward in trial court or if we proceed on appeal."