2 Live Crew censorship controversy
The 2 Live Crew censorship controversy emerged in the early 1990s when the group's album, *As Nasty as They Wanna Be*, was declared obscene by federal judge Jose Gonzalez. This ruling stemmed from a civil case initiated by the album's production company, Skyywalker Records, amid warnings from law enforcement about potential arrests for selling the album. Following the judge's decision, many record stores in Florida's Broward, Dade, and Palm Beach counties removed the album from their shelves, and legal actions extended to the group's members, who faced charges related to performing songs from the album at concerts. The controversy sparked a wider debate about artistic expression, obscenity, and censorship in music, with similar actions occurring in other states, including Texas and Rhode Island.
In response to the backlash, 2 Live Crew released *Banned in the U.S.A.*, which critiqued censorship while also facing its own challenges. Ultimately, the legal battles culminated in a significant U.S. Supreme Court decision that upheld a federal appeals court ruling declaring the album was not obscene, effectively ending the controversy. This case highlighted critical issues regarding freedom of expression and the varying standards of obscenity across different regions in the United States.
Subject Terms
2 Live Crew censorship controversy
Formed: 1985
Identification: American rap music group
Significance: In 1990 2 Live Crew became the first musical group to have one of its albums declared obscene in state and in federal courts
On June 6, 1990, a federal district judge, Jose Gonzalez, declared that the album As Nasty as They Wanna Be by 2 Live Crew violated community obscenity standards for the district including Broward, Dade, and Palm Beach counties in Florida. In his decision, the judge wrote that the album “has an appeal to dirty thoughts and the loins, not to the intellect and the mind.” Skyywalker Records, the recording company that produced the album, initiated the civil case from which Gonzalez’s decision originated. The company began legal proceedings after Broward County’s sheriff warned local record store owners and managers that he thought that the album was obscene and that he might have to arrest them if the stores continued to sell the album. Skyywalker Records incorrectly reasoned that a federal judge would rule that the album had social value and therefore was not obscene.
Within two days of the decision almost all record stores in the three counties had removed the album from their shelves. An exception was a Fort Lauderdale, Florida, record store owned by Charles Freeman, who was arrested for violating a local obscenity law. The crackdown was not limited to record stores or to record stores in southern Florida. On June 10, two members of 2 Live Crew were arrested, including the group’s lead singer, Luther Campbell, and warrants were issued for the arrest of other members. The charge was that the group had sung songs from the obscene album at an adults-only concert in Hollywood, Florida, and, therefore, had violated the obscenity statute. In fact, by September 28, 1990, a record store owner in Sarasota, Florida, was arrested for selling As Nasty as They Wanna Be.
Florida was not the only locality to act against 2 Live Crew. A Dallas assistant district attorney stated the recording was obscene under Texas law, and the town council of Westerly, Rhode Island, tried to prevent a concert by 2 Live Crew.
In addition to fighting in the courts, 2 Live Crew took their battle to the airwaves. In July, 1990, the band released an album titled Banned in the U.S.A., containing songs denouncing censorship with the group’s usual hard rap beat. Banned in the U.S.A. also faced censorship challenges because it contained a parody of Roy Orbison’s “Pretty Woman.”
The various challenges yielded different results. Even after appeal, record store owner Freeman was found guilty of violating the obscenity statutes. 2 Live Crew was found not guilty, and a federal judge prohibited the prevention of 2 Live Crew’s concert in Rhode Island. On December 7, 1992, the U.S. Supreme Court let stand a federal appeals court ruling that As Nasty as They Wanna Be was not obscene. This decision ended the controversy.