In Hong Kong, says James Katz, Rutgers University communication professor, people don't mind noise. In Germany, however, subway cars carry signs warning riders to keep their Walkman turned down, because even the slight hum that sometimes leaks from the headphones into other passengers' ears is unacceptable. In the United States, individual rights to make noise tend to win out. The small suffering of many is usually not enough to overcome the rights of the producer of the noise. That attitude is typical of America, but not unique to it.
Excessive noise is a nuisance, and nuisance can be a tort.
Ohio recognizes the common law tort of nuisance. Brown says nuisances can be classified as either public, meaning offensive to everyone, or private, meaning offensive to a particular landowner in a way that unreasonably interferes with the use and enjoyment of the landowner's property. Today's movie-goers not only get an earful from the movie's soundtrack, blaring with more special effects and sound systems that surround them, but they also must contend with noisier audiences, claims Michael Porte, UC communication professor who specializes in popular culture and film. I think that the people in the audience are getting ruder. He will only watch DVD from now on.