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.

 

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