Supreme Court Allows Rosa Parks to Sue Rap Duo

Yahoo News ^ | December 8, 2003 | James Vicini

[NYer]

The justices let stand a U.S. appeals court ruling that reinstated Parks' false advertising and publicity claims against OutKast and three Bertelsmann AG (news - web sites) units -- LaFace Records, the record producer, and Arista Records and BMG Entertainment, the distributors.

Parks made history in 1955 when she refused to give up her seat to a white man and move to the back of a city bus in Montgomery, Alabama.

Her arrest, which became a defining moment in the civil rights movement, led to a 381-day boycott of the bus system by blacks. It resulted in the end of segregation on public transportation and became a catalyst for organized boycotts, sit-ins and demonstrations across the South.

The song, "Rosa Parks," released as part of the 1998 album "Aquemini," was nominated for a Grammy award. The lyrics do not mention her by name, but the chorus says, "Ah, ha, hush that fuss. Everybody move to the back of the bus."

The album by rap recording artists Andre Benjamin and Antwan Patton has sold more than two million copies and the song enjoyed long-lasting success on the Billboard charts.

Parks, a Detroit resident, sued in 1999, claiming use of her name without permission constituted false advertising and infringed on her right to publicity. She also claimed it defamed her character and interfered with a business relationship.

She had approved a collection of gospel recordings by various artists, released in 1995 and entitled "A Tribute to Mrs. Rosa Parks."

A federal judge dismissed the lawsuit in 1999, ruling constitutional free-speech rights under the First Amendment covered the use of Parks' name.

The appeals court upheld the dismissal of the claims of defamation and interference with a business relationship, but reinstated the rest of the lawsuit.

It said the defendants needed to show some artistic reason for calling the song "Rosa Parks." The appeals court sent the case back for more hearings to determine whether use of her name was symbolic, as the defendants argued, or disguised commercial advertisement.

Attorneys for OutKast and the other defendants appealed to the Supreme Court, asking the justices to hear the case. They said the appeals court unconstitutionally allowed public figures to use trademark and right-of-publicity laws to censor speech.

But the high court rejected the appeal without comment.

[veronica]

Good for her. By and large the rappers are scummy and their "music" is crap.

[smith288]

Its called "Plantation Politics", and its working...

These people are on the plantation by their slave masters, Jesse Jackson, Al Sharpton, NAACP, the Democratic party and other liberal organizations that continue to focus on money, hand outs, constant meaningless apologies from the majority and to keep the hatred brewing. Those who become wealthy by this process, usually have no grasp on history, family, decency nor respect.

This is the kind of stuff the left loves because it shows that this block of people will continue to vote for them as they become less and less educated in the pivotal lessons of life.

[thoughtomator]

Public figure - she has no case. You can say whatever you want about a public figure in the US and that person has no recourse.

[sweetliberty]

"That scene in "Barbershop" was hillarious."

Yep. That was a funny movie anyway.

[VOYAGER]

But the high court rejected the appeal without comment.

Where's the surprise, isn't that the usual left end tripple handoff run performed by this "candy assed" U.S. "soopreem" court?

This way no face can be put to a "super liayer" on the court and another silver bullet is skillfully dodged by the Wimpy Time Kids!

[cyborg]

There was a controversey about another woman doing the same thing but not getting as much credit. It had to do with NAACP political power drama behind the scenes. I just didn't get the logic of Outkast asssociating her name with a song calling someone a nigger. If they were called a nigger by a white person, they'd be insulted and we'd never hear the end of it.

[cyborg]

This election season is going to UGLY.

[sweetliberty]

"Maybe she wants to make money off it?"

Bingo!

[Lazamataz]

While I am a black woman and in my younger days( a while ago-bus fare was 35 cents then) I was asked more than once to move to the back of the bus by other passengers. Sometimes other passengers would put their personal belongings in the unoccupied seat in order to prevent me from sitting next to them. But none of that worked with me and I am not related to Rosa Parks I don't think.

Whipping out a pistol and telling the startled passenger to ease those belongings back into his lap often worked for me.

[Theodore R.]

How is this case different from the 1980s Hustler v. Falwell, when the Supreme Court gave a blank check to Larry Flynt to libel the Reverend Falwell? At the time the liberal court said that because the Reverend Falwell was a "public figure" and because Flynt was using "satire" and "pardoy," there was no libel. So why is Mrs. Parks given priority over the Reverend Falwell?

[King Prout]

hahahahahahahaha

[Republican Red]

Isn't OutKast the group that Wesley Clark keeps namedropping?

Clark is running with a crowd that is being sued by Roas Parks. HAHAHAHAHAHAH.

[newgeezer]

Parks ... sued in 1999, claiming use of her name without permission ... infringed on her right to publicity.

The often-cited "right to privacy" is ridiculous enough. But, a "right to publicity"? BWA-HA-HA-HA-HA-HA-HA-HA-...

[TexKat]

This is enough for me to say boy don't you ever utter my name and go put some clotes on. And take that ho bitch shite and get the hell up on out of here.

[pgyanke]

A bigger issue than Ms Parks is the fact that this trash was nominated for a Grammy. YGTBSM!

[jackbill]

There was a controversey about another woman doing the same thing but not getting as much credit.

I've heard that story as well. I seem to remember that it was a young black woman - perhaps a teenager? The NAACP wanted someone connected with them to be doing it so they sent Rosa out to duplicate the girl's action.

Wonder where you can get the real facts?

[TexKat]

Whipping out a pistol and telling the startled passenger to ease those belongings back into his lap often worked for me.

ROFL. I can get that evil eye look. And its like if you want this shite you better move it.

[dead]

Isn't OutKast the group that Wesley Clark keeps namedropping? Clark is running with a crowd that is being sued by Roas Parks. HAHAHAHAHAHAH.

Why, yes indeedy!

Atlanta rap group OutKast has an unlikely fan in Wesley Clark, the silver-haired former general running for president.

Clark touted his support of the Grammy-award winning group during the "Rock the Vote" debate this week on CNN. Clark spokeswoman Kym Spell said Clark listens to their CDs on his campaign plane flights.

[whattajoke]

(I post this as an FYI, not trying to sway opinion one way or another... BUT, I think her lawsuit is nonsense).

FYI, the album that this song appeared on won a bunch of critical music awards.

Also, OutKast is slated to win a bunch more for their latest album they released this year.

Here's the lyrics from "Bombs over Baghdad" from the same Stankonia album... which I've yet to figure out.

[Dre]
1, 2.. 1, 2, 3; yeah!
In-slum-national, underground
Thunder pounds when I stomp the ground (Woo!)
Like a million elephants with silverback orangutans
You can't stop a train
Who want some? Don't come un-pre-pared
I'll be there, but when I leave there
Better be a household name
Weather man tellin' us it ain't gon' rain
So now we sittin' in a drop-top, soakin wet
In a silk suit, tryin' not to sweat
Hits somersaults without the net
But this'll be the year that we won't forget
One-Nine-Nine-Nine, Ano Domini, anything goes, be whatchu wanna be
Long as you know consequences are given for livin - the fence is
too high to jump in jail
Too low to dig, I might just touch hell - HOT!
Get a life, now they gon' sell
Then I might catch you a spell, look at what came in the mail
A scale and some Arm and Hammer, so grow grid and some baby máma
Black Cadillac and a pack of pampers
Stack of question with no answers
Cure for cancer, cure for AIDS
Make a nigga wanna stay on tour for days
Get back home, things are wrong
Well not really, it was bad all along
before you left adds up to a ball of power
Thoughts at a thousands miles per hour
Hello, ghetto, let your brain breathe
Believe there's always mo', OWWWW!

Chorus: 2X
[Dre] Don't pull the thang out, unless you plan to bang
{Choir} Bombs over Baghdad!
[Dre] Yeah! Ha ha yeah!
Don't even bang unless you plan to hit something
{Choir} Bombs over Baghdad!
{Dre} Yeah! Uhh-huh

[Big Boi]
Uno, dos, tres, it's on
Did you ever think a pimp rock a microphone?
Like that there boi and will still stay street
Big things happen every time we meet
Like a track team, crack fiend, dyin to geek
Outkast bumpin' up and down the street
Slam back, Cadillac, 'bout five nigga deep
Seventy-five emcee's freestylin' to the beat
Cause we get krunk, stay drunk, at the club
Should have bought an ounce, but you caught the dub
Should have held back, but you throwed the punch
'Spose to meet your girl but you packed a lunch
No D to-the U to-the G for you
Got a son on the way by the name of Bamboo
Got a little baby girl four year, Jordan
Never turn my back on my kids for them
Should have hit it (hit it) quit it (quit it) rag (rag) top (top)
Before you read up, get a laptop
Make a business for yourself, boy, set some goals
Make a fair diamond out of dusty coals
Record number four, but we on a roll
Hold up, slow up, stop, +Control+
like Janet, planets, Stankonia's on ya
Movin like Floyd comin' straight to Florida
Lock all your windows then block the quarters
Pullin' off on bell 'cause a whippins in order
Like a three piece fist, 'fore I cut your daughter
Yo quiero Taco Bell, then I hit the border
Penny pap rappers tryin' to get the five
I'm a microphone fiend tryin' to stay alive
When you come to ATL boi you better not hide
cause the Dungeon Family gon' ride, hah!

Chorus: 2X
[Dre] Don't pull the thang out, unless you plan to bang
{Choir} Bombs over Baghdad!
[Dre] Yeah! Ha ha yeah!
Don't even bang unless you plan to hit something
{Choir} Bombs over Baghdad!
{Dre} Yeah! Uhh-huh

{Choir}
Bombs over Baghdad! Yeah
Bombs over Baghdad! Yeah
Bombs over Baghdad! Yeah
Bombs over Baghdad! Yeah

[Dre]
B-I-G, B-O-I
An-An-Andre
To the T-O-P

[Dre and Big Boi]: 15X
Bob your head. Rag top.

(1, 2.. 1, 2, 3, 4) (Gimme some)

{Choir}: 23X
Po-wer music, electric revival

[Lazamataz]

ROFL. I can get that evil eye look.

Oh no! "The Look"!!!

I have learned to fear "The Look".

Bad things usually happen after I see any woman who has "The Look". Not even a pistol will save a man from "The Look".

=:^o