“Baby, It’s Cold Outside”: Unwrapping legal accusations against a Christmas classic.

The holiday season is upon us, bringing joy, festivities, and, of course, the timeless melodies that fill the air with seasonal cheer. One such classic tune, "Baby, It's Cold Outside," has found itself entangled in controversy.

 Moore Legal Counsel is a business law firm, but in the spirit of holiday fun, let's unwrap this end of year debate and explore whether this iconic song should be pushed out into the cold and how your business can avoid unintended frosty receptions.

With the rise of the “MeToo” movement and the criminal conviction (since overturned) of celebrities such as Bill Cosby, critics have raised concerns about the song's lyrics. Lines like "What's in this drink?" and "I ought to say no, no, no" have raised eyebrows in the “MeToo” era. Some suggest they describe non-consensual, and potentially criminal, behavior.

Let's take hold of our reindeer, hook up our sleigh, and embark on a legal journey over the river and through the lyrics to assess whether there's cause for criminal concern.

"Baby, It's Cold Outside" was written by Frank Loesser in 1944 as a duet for him and his wife to perform at holiday gatherings. The song jumped to prominence when used in the 1949 movie, Neptune’s Daughter. Over the years, it has been covered by numerous artists, becoming a seasonal staple that captures the playfulness of a winter romance.

The lyrics feature an exchange between two characters, traditionally referred to as the "wolf" and the "mouse." While the wolf urges the mouse to stay a little longer, the mouse expresses concern about what pertinent people in her life may think.

As a Pennsylvania Law Firm, we think it fairly likely that Mr. Loesser – as with many other New Yorkers – enjoyed Christmas in our beautiful Pocono Mountains. So, if the setting is Pennsylvania, then Title 18 sections 3123 and 3124.1 are what matter. These are serious charges that, if true, alter the course of both victim and attacker’s lives – but are they justified based on the evidence from the song?

The most often pointed to lyrics as evidence of nefarious behavior are the mouse’s lines, “Say, what’s in this drink?” followed shortly thereafter by, “I ought to say no, no, no.” However, do these lines indicate a deviant predator at work or are we too hard on holiday history?

We could go into the etymology of idioms, the extensive differences in societal norms and mores between 1944 and today. However, there is an important principle to be put to use – Keep it simple.  

A close look at the lyrics reveals that the song is conspicuously absent of any acts that could be related to the criminal charges. Why is that important?

Sections 3123 and 3124.1 of Title 18 in the Pennsylvania Code are serious offenses that involve non-consensual acts including Date Rape. However, they require a clear demonstration of lack of consent, force, and most importantly – something as defined by statute, must actually have happened.

What does the song tell us? What acts are actually indicated? Certainly, both characters engage in spirited banter. However, the lyrics provide evidence of only three possible occurrences and the evidence for the third is highly circumstantial:

 ●      Exhibit A - “Okay, fine just another drink”

 It is reasonable, given the use of the word, “another” and especially in light of the other circumstantial evidence, to believe the couple has had at least one drink.

 ●      Exhibit B - “Maybe just a cigarette more.”

 The use of the word, “more” seems to indicate that some smoking already occurred – as was common in the 1940s.

 ●      Exhibit C – “Gosh your lips are delicious.”

Some have pointed to this line as proof of nefarious action. In doing so, they rely on two pieces of circumstantial evidence: First, that this line occurs after the “what’s in this drink line.” Second, just a few lines earlier the Wolf states the mouse’s lips merely, “look delicious.”

However, we find this to be extremely thin evidence of nefarious activity and only circumstantial evidence the two engaged in a kiss on this occasion. It is clear the couple is familiar with one another from the outset. It is possible that if, in fact, a kiss has been shared it wasn’t even on the occasion of their duet.

So, what do we know? They were drinking an unidentified beverage and smoking cigarettes, and may or may not have engaged in a single kiss. Anything beyond this, be it the playing of records, “Put some records on while I pour” or further contact between the two parties is purely speculative. In order for these PA criminal laws to apply there must be a concrete act as defined by the statute, committed forcibly, and without consent.

This is simply not demonstrated, “beyond a reasonable doubt.” We would argue there is insufficient evidence for even a lower standard, but criminal law requires the highest level of proof.

What we see instead, is a playful push-and-pull, a dance of words that mirrors the social dynamics especially prevalent in the 1940s. Modern interpretations may cast a shadow on the song. However, we find it especially ironic that the exact type of social stigma the mouse seems concerned with avoiding is – to a criminal degree – being applied to the couple’s actions today.

The Spirit of the Song, to any honest observer, is clearly one of playful flirtation. For all the circumstantial evidence used to vilify this melody certainly we must give equal or greater weight to the circumstances of the song’s very creation and initial circulation.

The song-writer wrote these lyrics to be sung as a duet between him and his wife. We have yet to see anyone accusing the late Mr. Loesser of nefarious acts or intentions towards his spouse.

Further, the first widespread appearance of the song in popular culture directly addressed the song’s playful nature. When the protagonists of Neptune’s Daughter sing this duet, it is clearly visible that outside their window is not a Pennsylvania blizzard, but the sunny, California country-side. So intentionally ridiculous is the back-and-forth banter that towards the end of the song the male character – while singing, “baby, it’s cold outside” looks out the window and then directly at the camera breaking the 4th wall with the audience, before rapidly closing the curtains.

No matter what arguments are made for or against this Christmas classic. There is one undeniable lesson to be learned: 

It’s easy to find yourself or your business in hot water from materials and actions you intended to be innocuous.

Whether it is a Christmas classic, a young sports fan dressed in team colors, or your business’ handling of media or internal matters – it’s easy to find yourself in hot water over seemingly mundane content.

At Moore Legal Counsel, we understand that you have a lot on your plate from planning for year-end closing to forecasting and sourcing. Don’t worry about the unknown. Contact us today and let your holidays be filled with warmth, joy, and a little Moore Legal Counsel!

From all of us at Moore Legal Counsel, have a Merry Christmas and a Happy New Year!

For additional information or to schedule a consultation contact: Info@Moorelegalcounsel.com