• Genre: Newspaper Article

2 Live Crew • Younger adult audience

Written by Paul Fischer, published on January 1, 2009 , last updated on February 18, 2024

Luther Campbell, leader of hip

hop group of 2 Live Crew, right,
holds a copy of a federal judge's
order ruling his best-selling
album to be obscene, outside of
the federal courthouse in Fort
Lauderdale, Fla., June 6, 1990.
The judge said the album, "As
Nasty As They Wanna Be", "is an
appeal to dirty thoughts...not to
the intellect and the mind."
Bruce Rogow, Campbell's

*
attorney is at left. A circuit court
later said the album wasn't
Obscene -
obscene. (AP Photo/Bill Cooke,
offensive
used with permission from The Associated Press.)
or disgusting
by accepted
The Florida-based “party rap” group 2 Live Crew holds the distinction of standards

*
releasing the first sound recording to be declared obscene.
of morality an
d decency.
Everyone has
their own idea
Police told stores selling 2 Live Crew album would result in arrest of moral
Main codes.
issue The 1989 album As Nasty As They Wanna Be was released with an “Explicit
with
album Lyrics” advisory sticker but was nonetheless investigated by the Broward
was
Explicit County (Florida) Sheriff’s Office beginning in February 1990. The resulting
lyrics by
Sheriff's case made it all the way to the Supreme Court.
Dept. Went to Supreme court!
After obtaining a copy of the recording and transcribing its lyrics, Deputy
Sheriff
Sheriff Mark Wichner prepared an affidavit requesting that Broward

*
Dept.
County Court find probable cause for obscenity. In March, Judge Mel
decided
to arrest
Grossman issued such an order. Wichner copied the order and visited any store
that sold
Why did three retail stores in a jacket marked “Broward County Sheriff” and with his the
Sheriff's Dept. album.
get involved? badge in plain view, warning “as a matter of courtesy” that future sales
Was that
above what would result in arrest. Other officers visited between 15 and 20 other stores.
their job is to
protect and

*
serve??
Probable cause - reasonable grounds (for making a search, pressing a charge, etc.).
 District court said album was obscene, police actions constituted prior

restraint

.. *
A week later, Skyywalker Records, Inc. filed suit on behalf of 2 Live Crew in
Record

~ federal district court to determine whether the actions of the sheriff’s

department constituted an illegal prior restraint and whether the
company
filed suit
because
recording was obscene. Judge Jose Gonzalez found in Skyywalker v.
of the
actions of
Navarro (S.D. Fla. 1990) that there was an illegal prior restraint and that the the
sheriff's
recording was indeed obscene. Gonzalez cited Miller v. California (1973) as dept.
the controlling case and referred to Kaplan v. California (1973) as precedent

* for finding obscenity in non-pictorial matters.

Suit: Filing charges with a court
Appeals court said music had artistic value, not obscene
1992,
Appeals
In May 1992, the 11th U.S. Circuit Court of Appeals reversed Gonzalez’s ruling
court
in Luke Records v. Navarro. (The name of the record label was changed ruled in
after the filmmaker George Lucas sued 2 Live Crew leader Luther Campbell favor of 2
Sued again
for Luke Live Crew
over the use of “Skyywalker.”) The appeals court based its decision on the stating
*
Skywaker
(Star Wars)-
Skyywalker fact that the state did not counter arguments that although graphic, the "Artistic
rapper name What is artistic value??
music had artistic value. Florida authorities appealed to the Supreme Court
Value"
but were denied certiorari in Navarro v. Luke Records (1992), leaving the

circuit court ruling in force.

Can anyone

* Graphic - giving a vivid picture with explicit detail. sue

anyone????
2 Live Crew also involved in copyright case

Campbell was also party to the Supreme Court case Campbell v.

Acuff-Rose Music, Inc. (1994) because of his sampling of recognizable
portions of Roy Orbison’s “Oh, Pretty Woman” in a 2 Live Crew recording.
Because the Court viewed Campbell’s work as parody, his action was found
to be “fair use” instead of copyright infringement.
Copyright case - Pretty Woman Song - Campbell found not guilty of copyright
 Most musical expression is safe from obscenity charges

Although courts have exonerated 2 Live Crew’s songs of obscenity, many

people still find their profane and sexually explicit content to be patently

offensive. Music lyrics are rarely as thoroughly or explicitly sexual as Nasty.

If this recording is not obscene, it is safe to say that the vast bulk of

non-pictorial musical expression is secure on these grounds. Music has

long been acknowledged as a medium having social, artistic, and at times

political value. Popular music lyrics, even if reviled, are presumed to be

protected speech in the United States. The courts uphold that music is an
artistic expression and does not violate
freedom of speech
This article was originally published in 2009. Paul Fischer, PhD, served on the faculty of Middle

Tennessee State University’s Department of Recording Industry from 1996 to 2018. He is considered a

pioneer in the field of Popular Music Studies.

What is your opinion on the the charges against 2 Live Crew? for the content of their music?

Does any artist have the right of freedom of speech even if it offends others?