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.

[weegee]

You just wanted to put "Rosa Parks" and Be-itchin in the same title. You could probably get a hit with a formula like that though...

[weegee]

"Pink Pistols Ain't Queer As Hell"

Pink Pistols are way queer...

[Howlin]

Whew.

[gc4nra]

She can't sue because it's true.

Read Tammy Bruce's book "The New Thought Police : Inside the Left's Assault on Free Speech and Free Minds".


She was hand picked to sit on that bus and provoke a confrontation.

[weegee]

M&M's spokesman is an idiot. It doesn't matter if his client's song was a "work in progress", it was the sentiment expressed.

Saying that you want to off the president in public or private is still the same crime. Venue only changes the number of people who hear it.

[Stone Mountain]

At the time the liberal court said that because the Reverend Falwell was a "public figure" and because Flynt was using "satire" and "parody," there was no libel. So why is Mrs. Parks given priority over the Reverend Falwell?

She won't. This case won't go anywhere... and for the very reason you mentioned above. Parks' lawyer will probably try to argue that she isn't a public figure now - but with a name that is so recognizable, I don't think they'll have a chance.

[weegee]

Actually in the case I cited, the lack of media coverage kept things civil. When the media shoves controversy down peoples throats they may be more likely to resist. Also when opposition movements get exposure it grows their effort.

Consider how the media did not cover any of the antiwar.org's Clinton war protests but they have given much ink to their Bush war protests. Many red dupes joined the cause because they saw it on tv.

If the KKK and racists knew to go down and get on tv/newspapers/magazines heckling and assaulting black men for sitting at a dining counter, it might have intimidated more people. As it was, it was a peaceful change of ways.

[NYC GOP Chick]

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?

Being insulted is not a good enough reason to sue. I've lost a great deal of respect for her if this is, indeed, true.

And where was she, in the early 90s, when gangsta rappers were selling records about killing cops?

Maybe she's just pissed that she wasn't asked to be one of the front row girls with a Polaroid camera in that "Hey Ya" video? ;)

[dfwgator]

I wonder if OutKast didn't have the current Number 1 song in the country would this lawsuit have been brought when it was?

[cyborg]

You're right. I think if one becomes a public figure, better be prepared to hear things you may not like.

[cyborg]

Can't lie that was a good video too...

[NYC GOP Chick]

You're right. I think if one becomes a public figure, better be prepared to hear things you may not like.

Thanks. :) But even if one doesn't become a public figure, he or she doesn't have the right to be free from being offended.

[NYC GOP Chick]

It's not what I call good, just catchy. I grew up in the Golden Era of MTV -- the early and mid-80s.

I like VH1 Classic, which shows all those old videos, as well as some classic clips from the 60s, etc. :)

[cyborg]

Yeah I live for VH1 80s flashback.

[NYC GOP Chick]

Well, it's not very metrosexual, so it's a good thing! ;)

[cyborg]

Anything Howard Dean likes, I hate.

[NYC GOP Chick]

Well, that's certainly a good general approach to life. :)

[jackbill]

As for the original situation, I went a few pages deep in google and didn't find anything. I remember this being discussed on FR though so maybe it's in here somewhere.

I found this at the following:

http://www.hfmgv.org/exhibits/rosaparks/story.asp

Two other women had been arrested on buses in Montgomery before Parks and were considered by black leaders as potential clients for challenging the law. However, both were rejected because black leaders felt they would not gain white support. When she heard that the well-respected Rosa Parks had been arrested, one Montgomery African American woman exclaimed, "They've messed with the wrong one now."

The web site seemed to favor Parks, i.e. it's not an unfriendly site.

By the way, I'm finding metacrawler.com to be better than Google.

[cyborg]

thanks a lot... lots of little sidenotes in history that are indeed fascinating.

[El Conservador]

Also, don't forget Ricky's (Michael Ealy) passionate argument against reparations.

Ricky strikes me as a very intelligent guy, who by a strike of bad luck wound up in the streets.

And look forward for Barbershop 2