Home > News > High Court Nominee Kagan Worked on Obscenity, Free Speech Cases • Bookmark   • Newsletters   • Register Search Options


High Court Nominee Kagan Worked on Obscenity, Free Speech Cases

High Court Nominee Kagan Worked on Obscenity, Free Speech Cases
Get XBIZ News
May 20, 2010 11:30 AM PDT    Text size: 
WASHINGTON — In a questionnaire to the Senate Judiciary Committee, U.S. Supreme Court nominee Elena Kagan said that she filed an amicus brief on behalf of a client that challenged an obscenity case.

She also revealed she has worked on numerous free speech cases.

Kagan confirmed that she once represented the Recording Industry Association of America while in private practice in the case of Luke Records Inc. vs. Navarro, an appeal heard by the 11th U.S. Circuit Court of Appeals relative to a district court's ruling that The 2 Live Crew's album "As Nasty As They Wanna Be" was obscene.

The hip-hop group hit the spotlight in 1989 with its album "As Nasty As They Wanna Be," which included the single "Me So Horny."

Florida's Broward County Sheriff Nick Navarro said it went too far with the lyrics, "I'm a freak in heat, a dog without warning. My appetite is sex, 'cause me so horny."

U.S. District Judge Jose Gonzalez agreed with Navarro that the song was obscene, and 2 Live Crew appealed.

Eventually, in 1992, a three-judge panel of the 11th Circuit heard the case and unanimously threw out the lower court's decision.

Kagan, in the questionnaire, said: "We filed an amicus brief in the 11th Circuit on behalf of the RIAA and numerous record companies, challenging the decision of the district court that a musical recording was obscene under the standard set forth by the Supreme Court in Miller vs. California. I drafted the brief in the case, which stressed the difficulty of holding music obscene under prevailing constitutional law."

The obscenity case paired up with Kagan's interests at the time.

"Between 1991 and 1995, I wrote primarily about issues of free expression," she said. "My major work at this time proposed a theory of the 1st Amendment focused on the nature of governmental motives underlying speech restrictions."

Kagan's other important cases dealt with free speech issues.

She represented the National Enquirer, which was accused of libel by "a person mistakenly identified in the publication as being [pentecostal minister] Jimmy Swaggart’s father... We eventually settled the case on terms favorable to our client."

She also worked in Byrd vs. Randi, in which "we represented defendant Montcalm Publishing. Randi made his mark by attacking spoon-bender Uri Geller's claims of having psychic powers. In the late 1980s, Randi called Byrd, an ally of Geller's who'd been put on probation for distributing sexually explicit material, a child molester.

Byrd sued for libel, naming Randi and the publishers of his allegations.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Cam World: Camming and Toys Go Hand in Hand

There is nothing more satisfying than pleasure, especially if it is sexual. The size or the presentation of the stimulus does not matter if the sensations and tension the body receives transform the way... More »

Cam World: Injecting Personality Into Your Room

Since the last issue of Cam World, I’ve made some significant life changes. I’m working from Colombia now. This was a decision that was not entered into lightly, but change gives you a chance... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.



Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!