With Elena Kagan’s paper trail so thin, we must glom on to anything that carries her name, including one particular brief she filed when she was an associate at the law firm Williams & Connoll. There, she submitted an amicus (friend of the court) brief on behalf of the RIAA, defending Luke Records and the label’s band 2 Live Crew, for their right to sell 1989’s record As Nasty as They Wanna Be, which was all about screwing, and possibly obscene!
Even with lyrics like “It’s 15 inches long, eight inches thick/Last name almighty first name is dick,” Kagan argued the record couldn’t possibly violate the Supreme Court’s definition of obscene (and not constitutionally protected) speech. The record contains “serious artistic value,” the brief argued, despite (or because of?) lyrics like “All hoes, suck dick, all niggas, eat pussy.” Moreover, the album, Kagan and her colleagues wrote, “does not physically excite anyone who hears it, much less arouse a shameful and morbid sexual response.”
You so dirty Elena!