2 Live Crew Didn't Make Kagan 'So Horny'

Supreme Court nominee argued against banning 'Nasty' rap album

By Nick McMaster,  Newser Staff

Posted May 21, 2010 3:55 PM CDT

(Newser) – The search through Elena Kagan's work history has yielded an amusing nugget: She went to bat for notoriously sexual rap group 2 Live Crew. In a 1990 brief for the RIAA when she was an associate at a DC law firm, Kagan argued As Nasty as They Wanna Be "does not physically excite anyone who hears it, much less arouse a shameful and morbid sexual response." So, just for the record, she didn't find tracks like "The Fuck Shop" and, of course, "Me So Horny" arousing, and didn't think anyone else would, either.

Kagan's point was that the album is not obscene in the way outright pornography would be, and therefore it shouldn't be similarly restricted, the Copyrights & Campaigns blog explains. The second part of her argument is that the album has "serious artistic value"—the same artistic value conferred on all recorded music.

Supreme Court nominee Elena Kagan walks towards the office of Sen. Blanche Lincoln, D-Ark., on Capitol Hill in Washington, Thursday, May 20, 2010.
Supreme Court nominee Elena Kagan walks towards the office of Sen. Blanche Lincoln, D-Ark., on Capitol Hill in Washington, Thursday, May 20, 2010.   (AP Photo/Manuel Balce Ceneta)
The cover of 2 Live Crew's 'Nasty as They Wanna Be.
The cover of 2 Live Crew's "'Nasty as They Wanna Be."   (Wikipedia)
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2 Live Crew's hit song 'Me So Horny' from their 1989 album 'Nasty as They Wanna Be'.   (youtube.com)

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