The U.S. 11th Circuit Court of Appeals in Atlanta on Thursday overturned a 1990 federal ruling that declared obscene a sexually explicit album by the Miami rap group 2 Live Crew.
According to the appellate court, no evidence was presented in the June, 1990, Ft. Lauderdale trial to prove that the group's controversial "As Nasty as They Wanna Be" album is without serious artistic value, an obscenity definition previously adopted by the U.S. Supreme Court.
Group leader Luther Campbell hailed the ruling Thursday.
"What this does is let black folks know that the First Amendment really does apply to us," said Campbell, who claims to have spent more than $1 million in legal fees fighting what he calls a court battle against a racially tinged decision. "It says we can speak our minds the same way that white people do. This isn't just a victory for 2 Live Crew. The entire music industry won big on this one."
The decision reverses federal Judge Jose Gonzalez's June 6 ruling, which made it illegal for retailers in the southern Florida counties of Broward, Dade and Palm Beach to sell "Nasty." That ruling triggered a national debate on the legal limits of artistic expression in pop music.