Elena Kagan's hip-hop connection

AP

Fans of late-1980s hip-hop sensation 2 Live Crew may remember a high-profile court case stemming from complaints that the group's lyrics were obscene. (The First Read team can't provide examples from the now-infamous album, As Nasty As They Wanna Be. This is, after all, a family website.)

But -- for anyone who likes 1st Amendment law, Supreme Court nominations, and DJ Mr. Mixx, you're in for a treat.

Supreme Court nominee Elena Kagan had a cameo role in that 1990 obscenity case; as a young lawyer in private practice, she co-authored an amicus brief on behalf of the Recording Industry Association of America, which argued that the group did not, in fact, appeal to the "prurient interest." (A district judge had earlier ruled the album obscene, and 2 Live Crew appealed the decision.)

In the brief, Kagan and her team argued that the legal definition of obscenity did not apply to the album because it did not "physically excite anyone who hears it, much less arouse a shameful and morbid sexual response." Moreover, according to the brief's argument, "the Nasty recording, again considered in its entirety, has serious value."

"Official censorship, however popular, is antithetical to the 1st Amendment - and no less so when 'rap' music is involved," the brief concluded.

That argument seems to have worked. In 1992, an appeals court overturned the district court's obscenity ruling.

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But wait! Say it aint so! I thought she had zero legal experience, was completely unqualified, and would trample the first amendment. Geesh! Thankfully I was wrong.

BTW - Rheinquist, appointed to Chief Judge, had no prior judicial experience when he came to the court.

    Reply#1 - Tue Jun 29, 2010 3:27 PM EDT

    Hmmm.....and last week we were told (and shown!) that President Obama had a cameo in the "Whoomp! There It IS!" video.

    Obviously this is all a vast hip-hop conspiracy.....

    • 1 vote
    Reply#2 - Tue Jun 29, 2010 3:34 PM EDT

    If I recall, this same group had some sort of issue with George Lucas because their front man called himself Luuke Skywalker - spelled the way he did. I wonder if Kagan's firm had anything to do with that suit also.

      Reply#3 - Tue Jun 29, 2010 3:48 PM EDT

      2 Live Crew was the hottest group out at the time. I remember that court case. It was during a time when an older generation didn't think rap music was appropriate. This is why all of the labeling Explicit Lyrics came from.

      Luke of the 2 Live Crew won that name case against Lucas.

        Reply#4 - Tue Jun 29, 2010 3:59 PM EDT

        Errrr... no.

        The publicity then continued when George Lucas, owner of the Star Wars universe, successfully sued Campbell for appropriating the name "Skywalker" for his record label, Luke Skyywalker Records. Campbell changed his stage name to Luke (and changed the record label's name to Luke Records) and the group released an extremely political follow up album, Banned in the USA after obtaining permission to use an interpolation of Bruce Springsteen's Born in the U.S.A. 2 Live Crew paraphernalia with the Luke Skyywalker or Skyywalker logos are usually sought after as collector's items.

          #4.1 - Tue Jun 29, 2010 4:19 PM EDT

          I stand corrected. I was going with Luke. I remember is was a big blow-up. Haven't really even thought about it anymore.

            #4.2 - Tue Jun 29, 2010 4:55 PM EDT
            Reply

            I hope they do a study on how many people took naps yesterday and today who don't normally do so. This is sooooo boring.

            • 1 vote
            Reply#5 - Tue Jun 29, 2010 4:06 PM EDT
            GafferJoeDeleted
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