So, he says that he was misquoted and that some of his remarks were taken out of context... but doesn't say how (in 140 characters or less -- although he does have a blog). And he apologizes and links to the woman's blog account of the show, so what are we supposed to make of that? What pisses me off is the sanctimony of "there are awful things in the world but you can still make jokes about them #deadbabies." (As a woman on Twitter replied: "Far more likely to be a rape survivor in your audience than a dead baby." That's a good joke.) And, after he's been called on his premise, even if it was countering rudeness with rudeness, where's the joke in "Wouldn't it be funny if that girl got raped by like, 5 guys right now?" -- if that's what he said? I don't know the answer, but if you're the goddamn comic who's talking about rape in his act, you tell me why it's funny. (The manager of the club contests the woman's account of what happened, but he doesn't clarify much.)
This reminds me a little of Michael Richards' meltdown at the same venue. They say it's not the original crime, it's the cover-up that always takes down politicians. For comedians, it's how they respond to unruly customers in the audience. The Laugh Factory isn't an opera house; comics usually interact with their audiences, especially in relatively small rooms where alcohol is served. If they can't handle that, they shouldn't be on stage.
The real problem, as I said at the beginning of this, is the lack of any apparent joke for people to talk about. Did Tosh think that insisting that rape was funny was funny because it so obviously is not funny? Was that the joke? (Because it's a legitimate one.) Was he making fun of the person in the crowd who yelled out "rape" when he asked what people wanted to talk about (according to the Laugh Factory manager he was soliciting contributions from the audience). Or was he just doing some kind of Andrew "Dice" Clay knee-jerk anti-PC schtick? Because, yes, it is possible to make a joke about anything, if you know how to construct an actual joke. It doesn't have to be a simpleminded set-up/punch-line formulation, either. Take a look at this two-minute bit by Louis CK in which he makes a joke about rape, but not at the expense of rape victims:
He turns the premise inside-out and examines the disconnect between sexual fantasy and permissible real-world behavior. It's normal for people to have forbidden fantasies -- but what if you don't know the other person well enough to know that? Or what if his fantasies don't mesh with hers? There's room for comedy in there.
Now, I know some people (including comedians) say there's nothing worse than analyzing humor, that nothing is more harmful to a joke than picking it apart to see how it works. Those people are wrong. Nobody who has any respect for comedy would say that. What kills humor is not being funny. Show me a joke that can't stand scrutiny, and I'll show you a hacky joke. The better the joke, the more examination it welcomes and rewards. ("I thought I lost it" -- Egbert Sousé.) Comedy always assumes a context and a point of view. And while we can disagree about what is funny or not funny, we first have to agree on what the premise of the joke is. What is the target? Is there one, or is it just an absurdist non sequitur? Or does it simply rely on the shock value of invoking a forbidden subject? Is it enough to, say, reference a curse word or "fart" or "poop" or "pee" or "anus" or "vagina" or "penis" or "chicken" (it's a laugh word!) or "Jew" or "faggot" or "nazi" or "nigger" or "cripple" or "retard" or "rape" or "dead baby" or... [fill in whatever offends or delights you most]? If you are Adam Sandler, then maybe you think the mere acknowledgement of a taboo or traditionally goofy gag (a prank phone call! a silly voice!) is sufficient, or that the object of your ridicule, whether the privileged or the outcast, doesn't have anything to do with whether you're a gadfly or a bully. But it does. (Not that the comedian should approach the creation of material logically; comedy is largely instinctual, and tone and timing are as crucial as anything.)
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