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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 f--- Shop" and, of course, "Me So Horny" arousing, and didn't think anyone else would, either.

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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.
(Read more Elena Kagan stories.)

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