When 2 Live Crew released their third studio album, they never imagined it would lead to a mammoth of legal entanglements. In 1989, the Miami-based hip-hop group dropped As Nasty As They Wanna Be, a title that held true throughout the ensuing legal battle.
In an effort to put their music on the map and distinguish themselves in the rap game, amidst one of hip-hops finest eras, the album featured sexually explicit themes and graphic content, leading to extreme popularity within pop culture. However, this widespread attention wasn’t all in a good light.
In Broward County, Florida, Sheriff Nick Navarro took a stand against the group, endeavoring to prevent local record store owners from selling the provocative album. In defiance of this censorship, 2 Live Crew filed a lawsuit in federal court, seeking legal recourse to halt the sheriff’s crackdown, prevent restrictions on album sales and legally defend their work as non-obscene.
Through the court's ruling, they deemed the work legally obscene and prohibited retailers from selling the album in Florida’s Broward, Dade, and Palm Beach counties.
Following the ruling, Florida record store owner Charles Freeman was arrested for selling As Nasty As They Wanna Be and three 2 Live Crew members were also arrested for performing their explicit music live at a nightclub in Hollywood, Florida.
Challenging the initial ruling with tenacity, the group’s record label, Luke Records, founded by 2 Live Crew member Luther Campbell, brought the case in front of the Eleventh Circuit Court of Appeals.
In this legal battle, the Eleventh Circuit Court applied the Miller Test, a benchmark for obscenity set by the United States Supreme Court’s test in the 1973 Miller v. California case. To meet the standards of the test, the work being challenged must appeal to a prurient, or shameful interest in sex, depict sexual materials in a patently offensive way, and lack serious literary, artistic, political, or scientific value. Luke Records called four experts in their fields to the stand, while Navarro failed to provide concrete evidence that the album met the standards outlined by the Miller Test.
In the Court of Appeals, it was found that the album did not meet the standards of obscenity that were set forth in the Miller Test. Since As Nasty As They Wanna Be was a creative work of music, the court ruled that the album had artistic value and thus did not meet all the standards to be deemed as obscene.
"I’ve been listening to the album by 2 Live Crew. It’s not the best album that’s ever been made, but when I heard they banned it, I went out and bought it," said David Bowie during his 1990 tour in Philadelphia, stopping in the middle of his performance to defend the group. "Freedom of thought, freedom of speech — it’s one of the most important things we have."
Last week, 2 Live Crew member Brother Marquis passed away, prompting Campbell to take to Twitter and honor his friend and fellow member, stating, "We took on so many fights for the culture, made great music together, something I will never forget."
My Condolence goes out to the Family of Brother Marquis and so many of his Fans from around the World after learning his passing. We took on so many fights for the culture made Great music together something I would never forget .We had recently got back together to take on…
— Luther Luke Campbell (@unclelukereal1) June 3, 2024
To this day, the case against 2 Live Crew serves as a legal standard for First Amendment Rights, upholding the boundaries between censorship and freedom of speech within music.
"They really set a legal precedent for hip-hop artists today to be able to create in the way that they choose to," says Kiana Fitzgerald in her book "Ode to Hip-Hop." In the book, she also cites contemporary examples of hip-hop artists who openly speak about sex in their discography, like Megan Thee Stallion, Cardi B, Lil Wayne, and others.
Through 2 Live Crew’s legal fight, they paved the way as trailblazers for hip-hop artists to be As Nasty As They Wanna Be — without facing speech-smothering legal repercussions.