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.

[dead]

Can't think of a much dumber lawsuit off the top of my head.

[TexKat]

You beat me to posting this. Good, isn't anything sacred any more.

[samtheman]

That's a shame. :)

[cyborg]

Rosa Parks
[Hook]
Ah ha, hush that fuss
Everybody move to the back of the bus
Do you wanna bump and slump with us
We the type of people make the club get crunk

[Verse 1:(Big Boi)]
Many a day has passed, the night has gone by
But still I find the time to put that bump off in your eye
Total chaos, for these playas, thought we was absent
We takin another route to represent the Dungeon Family
Like Great Day, me and my nigga decide to take the back way
We stabbing every city then we headed to that bat cave
A-T-L, Georgia, what we do for ya
Bull doggin hoes like them Georgetown Hoyas
Boy you sounding silly, thank my Brougham aint sittin pretty
Doing doughnuts round you suckas like then circles around titties
Damn we the committee gone burn it down
But us gone bust you in the mouth with the chorus now

[Hook]

I met a gypsy and she hipped me to some life game
To stimulate then activate the left and right brain
Said baby boy you only funky as your last cut
You focus on the past your ass'll be a has what
Thats one to live by or either that one to die to
I try to just throw it at you determine your own adventure
Andre, got to her station here's my destination
She got off the bus, the conversation lingered in my head for hours
Took a shower kinda sour cause my favorite group ain't comin with it
But I'm witcha you cause you probably goin through it anyway
But anyhow when in doubt went on out and bought it
Cause I thought it would be jammin but examine all the flawsky-wawsky
Awfully, it's sad and it's costly, but that's all she wrote
And I hope I never have to float in that boat
Up shit creek it's weak is the last quote
That I want to hear when I'm goin down when all's said and done
And we got a new joe in town
When the record player get to skippin and slowin down
All yawl can say is them niggas earned that crown but until then...

[Hook]
[Harmonica Solo]
[Hook til fade]

[smith288]

But she wont sue Ice Cube and Cedric 'The Entertainer' for saying she was just a secretary for NAACP who wouldnt move?

That scene in "Barbershop" was hillarious.

[cyborg]

She's ABSOLUTELY right to sue. Read the lyrics and you'll see why she probably got insulted, not only calling women ho's but saying the word nigger. You think Rosa Parks wasn't called that a time or two when boarding that bus?

[gov_bean_ counter]

It said the defendants needed to show some artistic reason for calling the song "Rosa Parks."

I think the defendants should be required to present a reason, any reason, they should be called "artists".

[diamondjoe]

Yet another example of the "old guard" of the civil rights era being passed by as the new guard--which is not as tied to dogma--brings in the dollars. Jesse Jackson suing "Barbershop" is one example, and this lame lawsuit by Rosa Parks is another. If Rosa thinks she can win a p.r. war against OutKast, she's dreaming.

Memo to Ms. Parks--when you are an historical figure, you lose the right to have every say over how your name is used.

[mhking]

Just damn.

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[smith288]

She's ABSOLUTELY right to sue. Read the lyrics and you'll see why she probably got insulted, not only calling women ho's but saying the word nigger. You think Rosa Parks wasn't called that a time or two when boarding that bus?

Of course, everyone has a right to sue. But is her lawsuit worthy? If the song has no artistic reason to be called Rosa Parks then its legit, but you cant sue someone for calling women "ho's" and black people "niggas". Thats just 1st ammendment stuff.

And Rosa cant sue for being offended. There is no right NOT to be offended. I hate rap but ill defend their right to be complete idiots just like Ill defend Barbra, Rob Reiner and Alec Baldwin to be complete moronic idiots. The moment they try to get legislation to silence me is when ill arm up against them.

[Mudboy Slim]

Aren't those some beautiful and meaningful lyrics?! < /sarcasm>

SHEEEESH...MUD

[yonif]

I've listened to that song. Maybe she wants to make money off it?

[dead]

It's a crappy song (judging from the lyrics) but she's a public figure, and I can't see anything in the lyrics that insults her (unless she's a Georgetown Hoya ho!)

She might think it is in poor taste (and it is) but it is not actionable in a court of law. It is very very difficult to sue for defamation in this country. She has to prove that they wrote something about her that is knowingly false and was written with the intent to injure her. There's none of that here.

She's only helping them sell more records with the free publicity.

[cyborg]

You're right about the 1st amendment stuff. I think she's just suing so her name isn't associated with the lyrics. Besides I don't see what the song has to do with her. I'm just amazed at the level of disrespect.

[Physicist]

As sincerely as I admire Mrs. Parks, I have to side with the rappers on this one. The First Amendment cuts both ways; may its edges stay forever sharp.

[cyborg]

Yeah you're right too. I was just amazed that they'd associate her name with that song. Oh well.

[dead]

It's trash, no doubt. She should just ignore it.

[TexKat]

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.

[cyborg]

I hope not. Unfortunately you never kmow when coming to money :-(