Hastings Communications and Entertainment Law Journal


Erin Treacy


The RAVE Act was designed to thwart use and distribution of the illegal street drug ecstasy by holding the owner of a nightclub or other venue criminally responsible for any illegal drug-related activities that occur at an electronic music concert held on his or her property. This article argues that the RAVE act is unconstitutionally overbroad because it has a real and substantial impact on the First Amendment rights of electronic music concert performers and attendees. The article further argues that the RAVE act has driven electronic music concerts underground, making them less regulated than if held in legitimate commercial venues, and thus exacerbates the safety problems related to illegal drug use that the act was intended to minimize.