High Court Nominee Kagan Worked on Obscenity, Free Speech Cases

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.

View Elena Kagan questionnaire

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

Reagan Foxx Headlines 'Mom's Little Cuck' From Reality Junkies

2023 XMAs MILF Performer of the Year Reagan Foxx toplines "Mom’s Little Cuck" from Mile High Media studio imprint Reality Junkies.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Clémence Audiard on Blending Gonzo With High-Style Eroticism

There's an unmistakable radiance that surrounds Clémence Audiard — a glow born of the power to manifest her own vision. With Clemence Crave, her self-funded and self-directed production house, Audiard has sculpted a universe entirely her own.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Sofie Marie Makes Her WIFEY Debut

Sofie Marie stars with her husband Spike, Dan Damage, and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Elegant Angel Debuts James Avalon Drama 'Summer & Joy'

Elegant Angel has released the first installment of the James Avalon-helmed drama "Summer & Joy."

Octavia Red Stars in 'Lipstick on the Glass' From Deeper

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Ashley Lane and Mannie Coco in "Lipstick on the Glass," from Vixen Media Group studio imprint Deeper.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Show More