Tag: News

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June 18 is the 169th day of the year (170th in leap years) in the Gregorian calendar. There are 196 days remaining until the end of the year.

On this day in 1812, War of 1812 begins

The day after the Senate followed the House of Representatives in voting to declare war against Great Britain, President James Madison signs the declaration into law–and the War of 1812 begins. The American war declaration, opposed by a sizable minority in Congress, had been called in response to the British economic blockade of France, the induction of American seaman into the British Royal Navy against their will, and the British support of hostile Indian tribes along the Great Lakes frontier. A faction of Congress known as the “War Hawks” had been advocating war with Britain for several years and had not hidden their hopes that a U.S. invasion of Canada might result in significant territorial land gains for the United States.

The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire, including those of present-day Canada. The Americans declared war in 1812 for a number of reasons, including a desire for expansion into the Northwest Territory, trade restrictions because of Britain’s ongoing war with France, impressment of American merchant sailors into the Royal Navy, British support of American Indian tribes against American expansion, and the humiliation of American honour. Until 1814, the British Empire adopted a defensive strategy, repelling multiple American invasions of the provinces of Upper and Lower Canada. However, the Americans gained control over Lake Erie in 1813, seized parts of western Ontario, and destroyed Tecumseh’s dream of an Indian confederacy. In the Southwest General Andrew Jackson humbled the Creek nation at the Battle of Horseshoe Bend but with the defeat of Napoleon in 1814, the British adopted a more aggressive strategy, sending in three large armies along with more patrols. British victory at the Battle of Bladensburg in August 1814 allowed the British to capture and burn Washington, D.C. American victories in September 1814 and January 1815 repulsed British invasions of New York, Baltimore and New Orleans.

The war was fought in three theaters: At sea, warships and privateers of both sides attacked each other’s merchant ships. The British blockaded the Atlantic coast of the U.S. and mounted large-scale raids in the later stages of the war. Both land and naval battles were fought on the frontier, which ran along the Great Lakes and Saint Lawrence River. The South and the Gulf coast saw major land battles in which the American forces destroyed Britain’s Indian allies and defeated the main British invasion force at New Orleans. Both sides invaded each other’s territory, but these invasions were unsuccessful or temporary. At the end of the war, both sides occupied parts of the other’s territory, but these areas were restored by the Treaty of Ghent.

In the U.S., battles such as the Battle of New Orleans and the earlier successful defense of Baltimore (which inspired the lyrics of the U.S. national anthem, “The Star-Spangled Banner”) produced a sense of euphoria over a “second war of independence” against Britain. It ushered in an “Era of Good Feelings” in which the partisan animosity that had once verged on treason practically vanished. Canada also emerged from the war with a heightened sense of national feeling and solidarity. Britain regarded the war as a sideshow to the Napoleonic Wars raging in Europe; it welcomed an era of peaceful relations and trade with the United States.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

June 17 is the 168th day of the year (169th in leap years) in the Gregorian calendar. There are 197 days remaining until the end of the year.

On this day in 1885, the Statue of Liberty, a gift of friendship from the people of France to the people of the United States, arrives in New York City’s harbor.

The Statue of Liberty (Liberty Enlightening the World, French: La Liberté éclairant le monde) is a colossal neoclassical sculpture on Liberty Island in New York Harbor, designed by Frédéric Bartholdi and dedicated on October 28, 1886. The statue, a gift to the United States from the people of France, is of a robed female figure representing Libertas, the Roman goddess of freedom, who bears a torch and a tabula ansata (a tablet evoking the law) upon which is inscribed the date of the American Declaration of Independence. A broken chain lies at her feet. The statue has become an icon of freedom and of the United States.

Bartholdi was inspired by French law professor and politician Édouard René de Laboulaye, who commented in 1865 that any monument raised to American independence would properly be a joint project of the French and American peoples. Due to the troubled political situation in France, work on the statue did not commence until the early 1870s. In 1875, Laboulaye proposed that the French finance the statue and the Americans provide the pedestal and the site. Bartholdi completed both the head and the torch-bearing arm before the statue was fully designed, and these pieces were exhibited for publicity at international expositions. The arm was displayed in New York’s Madison Square Park from 1876 to 1882. Fundraising proved difficult, especially for the Americans, and by 1885 work on the pedestal was threatened due to lack of funds. Publisher Joseph Pulitzer of the World initiated a drive for donations to complete the project, and the campaign inspired over 120,000 contributors, most of whom gave less than a dollar. The statue was constructed in France, shipped overseas in crates, and assembled on the completed pedestal on what was then called Bedloe’s Island. The statue’s completion was marked by New York’s first ticker-tape parade and a dedication ceremony presided over by President Grover Cleveland.

The statue was administered by the United States Lighthouse Board until 1901 and then by the Department of War; since 1933 it has been maintained by the National Park Service. The statue was closed for renovation for much of 1938. In the early 1980s, it was found to have deteriorated to such an extent that a major restoration was required. While the statue was closed from 1984 to 1986, the torch and a large part of the internal structure were replaced. After the September 11 attacks in 2001, it was closed for reasons of safety and security; the pedestal reopened in 2004 and the statue in 2009, with limits on the number of visitors allowed to ascend to the crown. The statue is scheduled to close for up to a year beginning in late 2011 so that a secondary staircase can be installed. Public access to the balcony surrounding the torch has been barred for safety reasons since 1916.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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June 16 is the 167th day of the year (168th in leap years) in the Gregorian calendar. There are 198 days remaining until the end of the year.

On this day in 1933, The National Industrial Recovery Act is passed.

The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 (Ch. 90, 48 Stat. 195, formerly codified at 15 U.S.C. sec. 703), was an American statute which authorized the President of the United States to regulate industry and permit cartels and monopolies in an attempt to stimulate economic recovery, and established a national public works program. The legislation was enacted in June 1933 during the Great Depression as part of President Franklin D. Roosevelt’s New Deal legislative program. Section 7(a) of the bill, which protected collective bargaining rights for unions, proved contentious (especially in the Senate), but both chambers eventually passed the legislation and President Roosevelt signed the bill into law on June 16, 1933. The Act had two main sections (or “titles”). Title I was devoted to industrial recovery, and authorized the promulgation of industrial codes of fair competition, guaranteed trade union rights, permitted the regulation of working standards, and regulated the price of certain refined petroleum products and their transportation. Title II established the Public Works Administration, outlined the projects and funding opportunities it could engage in, and funded the Act.

The Act was implemented by the National Recovery Administration (NRA) and the Public Works Administration (PWA). Very large numbers of regulations were generated under the authority granted to the NRA by the Act, which led to a significant loss of political support for Roosevelt and the New Deal. The NIRA was set to expire in June 1935, but in a major constitutional ruling the U.S. Supreme Court held Title I of the Act unconstitutional on May 27, 1935, in Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). The National Industrial Recovery Act is widely considered a policy failure, both in the 1930s and by historians today. Disputes over the reasons for this failure continue, however. Among the suggested causes are that the Act promoted economically harmful monopolies, that the Act lacked critical support from the business community, and that the Act was poorly administered. The Act encouraged union organizing, which led to significant labor unrest. The Act had no mechanisms for handling these problems, which led Congress to pass the National Labor Relations Act in 1935.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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June 15 is the 166th day of the year (167th in leap years) in the Gregorian calendar. There are 199 days remaining until the end of the year.

On this day 1215, Magna Carta sealed.

Following a revolt by the English nobility against his rule, King John puts his royal seal on the Magna Carta, or “Great Charter.” The document, essentially a peace treaty between John and his barons, guaranteed that the king would respect feudal rights and privileges, uphold the freedom of the church, and maintain the nation’s laws. Although more a reactionary than a progressive document in its day, the Magna Carta was seen as a cornerstone in the development of democratic England by later generations.

John was enthroned as king of England following the death of his brother, King Richard the Lion-Hearted, in 1199. King John’s reign was characterized by failure. He lost the duchy of Normandy to the French king and taxed the English nobility heavily to pay for his foreign misadventures. He quarreled with Pope Innocent III and sold church offices to build up the depleted royal coffers. Following the defeat of a campaign to regain Normandy in 1214, Stephen Langton, the archbishop of Canterbury, called on the disgruntled barons to demand a charter of liberties from the king.

Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch’s authority to date. The charter first passed into law in 1225. The 1297 version, with the long title (originally in Latin) The Great Charter of the Liberties of England, and of the Liberties of the Forest, still remains on the statute books of England and Wales.

The 1215 Charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no “freeman” (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today.

Magna Carta was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited.

Despite its recognised importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitution. Lord Denning described it as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despo In a 2005 speech, Lord Woolf described it as “first of a series of instruments that now are recognised as having a special constitutional status”, the others being the Habeas Corpus Act, the Petition of Right, the Bill of Rights, and the Act of Settlement.

The charter was an important part of the extensive historical process that led to the rule of constitutional law in the English speaking world, although it was “far from unique, either in content or form”. In practice, Magna Carta in the medieval period did not in general limit the power of kings, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law. It influenced the early settlers in New England and inspired later constitutional documents, including the United States Constitution.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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June 14 is the 165th day of the year (166th in leap years) in the Gregorian calendar. There are 200 days remaining until the end of the year.

On this day in 1777, during the American Revolution, the Continental Congress adopts a resolution stating that “the flag of the United States be thirteen alternate stripes red and white” and that “the Union be thirteen stars, white in a blue field, representing a new Constellation.”

The Flag Resolution of 1777

On June 14, 1777, the Marine Committee of the Second Continental Congress passed the Flag Resolution which stated: “Resolved, that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new Constellation.” Flag Day is now observed on June 14 of each year. A false tradition holds that the new flag was first hoisted in June 1777 by the Continental Army at the Middlebrook encampment.

The 1777 resolution was most probably meant to define a naval ensign, rather than a national flag. It appears between other resolutions from the Marine Committee. On May 10, 1779, Secretary of the Board of War Richard Peters expressed concern “it is not yet settled what is the Standard of the United States.”

The Flag Resolution did not specify any particular arrangement, number of points, nor orientation for the stars. The pictured flag shows 13 outwardly-oriented five-pointed stars arranged in a circle, the so-called Betsy Ross flag. Although the Betsy Ross legend is controversial, the design is among the oldest of any U.S. flags. Popular designs at the time were varied and most were individually crafted rather than mass-produced. Other examples of 13-star arrangements can be found on the Francis Hopkinson flag, the Cowpens flag, and the Brandywine flag. Given the scant archaeological and written evidence, it is unknown which design was the most popular at that time.

Despite the 1777 resolution, a number of flags only loosely based on the prescribed design were used in the early years of American independence. One example may have been the Guilford Court House Flag, traditionally believed to have been carried by the American troops at the Battle of Guilford Court House in 1781.

The origin of the stars and stripes design is inadequately documented. The apocryphal story credits Betsy Ross for sewing the first flag from a pencil sketch handed to her by George Washington. No evidence for this exists; indeed, nearly a century had passed before Ross’ grandson, William Canby, first publicly suggested it. Another woman, Rebecca Young, has also been credited as having made the first flag by later generations of her family. Rebecca Young’s daughter was Mary Pickersgill, who made the Star Spangled Banner Flag.

It is likely that Francis Hopkinson of New Jersey, a signer of the Declaration of Independence, designed the 1777 flag while he was the Chairman of the Continental Navy Board’s Middle Department, sometime between his appointment to that position in November 1776 and the time that the flag resolution was adopted in June 1777. This contradicts the Betsy Ross legend, which suggests that she sewed the first Stars and Stripes flag by request of the government in the Spring of 1776. Hopkinson was the only person to have made such a claim during his own lifetime, when he sent a bill to Congress for his work. He asked for a “Quarter Cask of the Public Wine” as payment initially. The payment was not made, however, because it was determined he had already received a salary as a member of Congress, and he was not the only person to have contributed to the design. No one else contested his claim at the time.

Last year, the FBI shot and killed a Chechen man in Orlando, FL, who was a friend of the 2011 Boston Marathon suspects. According to accounts, Ibragim Todashev, had been speaking for two hours in his apartment to officials from the Massachusetts State Police and the F.B.I when he suddenly grab an object and tried to attack an agent. Todashev was shot seven times and died at the scene.

While claiming to investigate these shootings thoroughly, an New York Times investigation found that between 1995 and 2011 no FBI agent has been found at fault in 150 shootings. So it came as no surprise that the FBI agent who shot Tdashev was cleared of any wrong doing by Florida prosecutors

The FBI isn’t the only agency that has a suspicious habit of clearing its agents in shootings. It seems that the US Customs and Border Protection (CPB) is another agency with little or no outside scrutiny or accountability with complaints of abuse mostly ignored and failed to adequately investigate 28 fatal shootings since 2010. In a scathing report in the LA TImes, independent law enforcement experts heavily criticized the agency for a “lack of diligence” in investigating U.S. agents who had fired their weapons.

U.S. Customs and Border Protection, which had commissioned the review, has tried to prevent the scathing 21-page report from coming to light.

House and Senate oversight committees requested copies last fall but received only a summary that omitted the most controversial findings – that some border agents stood in front of moving vehicles as a pretext to open fire and that agents could have moved away from rock throwers instead of shooting at them.

The Times obtained the full report and the agency’s internal response, which runs 23 pages. The response rejects the two major recommendations: barring border agents from shooting at vehicles unless its occupants are trying to kill them, and barring agents from shooting people who throw things that can’t cause serious physical injury.

The response, marked “Law Enforcement Sensitive,” states that a ban on shooting at rock throwers “could create a more dangerous environment” because many agents operate “in rural or desolate areas, often alone, where concealment, cover and egress is not an option.”

If drug smugglers knew border agents were not allowed to shoot at their vehicles, it argues, more drivers would try to run over agents.

This week the new head of the Department of Homeland Security, Jeh Johnson removed James F. Tomsheck as head of internal affairs for the CPB. Tomsheck’s defenders say he is being scapegoated for bigger problems.

For years, Tomsheck wrestled with larger, more established watchdog agencies at the Department of Homeland Security and U.S. Immigration and Customs Enforcement — all with jurisdiction over Border Patrol misconduct.

As a result, Tomsheck’s hands often were tied because of interference from these other agencies and even senior Customs and Border Protection officials, especially when it came to disciplinary action, said James Wong, who retired as Tomsheck’s deputy in late 2011. [..]

In some cases, Tomsheck’s office was kept in the dark about investigations or shielded from information. Wong said the office often was told that the FBI and homeland security inspector general were handling investigations and had minimal access to those cases. It would be months or years before internal affairs could conduct its own reviews of alleged misconduct or shootings to learn whether agents had followed policy.

In particular, Wong pointed to the June 2010 shooting death of Sergio Hernandez Guereca, a 15-year-old Mexican citizen who was gunned down near El Paso, Texas. The inspector general, senior Customs and Border Protection officials and others blocked the internal affairs office from significant information about the shooting, Wong said.

The Justice Department eventually declined to prosecute the agent involved. [..]

Ronald T. Hosko, who recently retired as the head of the FBI’s criminal investigative division, agreed that Tomsheck’s office was undermined by turf battles, and he never knew Tomsheck to back away from an investigation.

MSNBC’s Rachel Maddow and John Stanton, Washington bureau chief for Buzzfeed discussed the “opacity” of the CBP and Tomsheck’s dismissal just as he was due to testify before Congress,

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June 13 is the 164th day of the year (165th in leap years) in the Gregorian calendar. There are 201 days remaining until the end of the year.

On this day in 1966, The Miranda rights are established.

The Supreme Court hands down its decision in Miranda v. Arizona, establishing the principle that all criminal suspects must be advised of their rights before interrogation. Now considered standard police procedure, “You have the right to remain silent. Anything you say can, and will, be used against you in court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you,” has been heard so many times in television and film dramas that it has become almost cliche.

Miranda v. Arizona 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. The Supreme Court decided Miranda with three other consolidated cases: Westover v. United States, Vignera v. New York, and California v. Stewart.

The Miranda warning (often abbreviated to “Miranda”) is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial situation) before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused is aware of, and reminded of, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview.

As of the U.S. Supreme Court decision Berghuis v. Thompkins(June 1, 2010), criminal suspects who are aware of their right to silence and to an attorney, but choose not to “unambiguously” invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and which may be used in evidence.

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June 12 is the 163rd day of the year (164th in leap years) in the Gregorian calendar. There are 202 days remaining until the end of the year.

On this day in 1776, Virginia adopts George Mason’s Declaration of Rights

The assembled slaveholders of Virginia promised to “the good people of VIRGINIA and their posterity” the equal right to life, liberty and property, with the critical condition that the “people” were white men. These same white men were guaranteed that “all power” would be “vested in, and consequently derived from” them. Should a government fail to represent their common interest, a majority of the same held the right to “reform, alter or abolish” the government.

Drafting and adoption

The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776 as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia’s Declaration of Rights stated that it was ‘”the basis and foundation of government” in Virginia.  A slightly updated version may still be seen in Virginia’s Constitution, making it legally in effect to this day.

It was initially drafted by George Mason circa May 20, 1776; James Madison assisted him with the section on religious freedom. It was later amended by Thomas Ludwell Lee and the Convention to add a section on the right to uniform government (Section 14). Patrick Henry persuaded the Convention to delete a section that would have prohibited bills of attander, arguing that ordinary laws could be ineffective against some terrifying offenders.

Mason based his initial draft on the rights of citizens described in earlier works such as the English Bill of Rights (1689), and the Declaration can be considered the first modern Constitutional protection of individual rights for citizens of North America. It rejected the notion of privileged political classes or hereditary offices such as the members of Parliament and House of Lords described in the English Bill of Rights.

The Declaration consists of sixteen articles on the subject of which rights “pertain to [the people of Virginia]…as the basis and foundation of Government.” In addition to affirming the inherent nature of natural rights to life, liberty, and property, the Declaration both describes a view of Government as the servant of the people, and enumerates various restrictions on governmental power. Thus, the document is unusual in that it not only prescribes legal rights, but it also describes moral principles upon which a government should be run.

Influence

The Virginia Declaration of Rights heavily influenced later documents. Thomas Jefferson is thought to have drawn on it when he drafted the United States Declaration of Independence one month later (July 1776). James Madison was also influenced by the Declaration while drafting the Bill of Rights (completed September 1787, approved 1789), as was the Marquis de Lafayette in voting the French Revolution’s Declaration of the Rights of Man and of the Citizen (1789).

The importance of the Virginia Declaration of Rights is that it was the first constitutional protection of individual rights, rather than protecting just members of Parliament or consisting of simple laws that can be changed as easily as passed.

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June 11 is the 162nd day of the year (163rd in leap years) in the Gregorian calendar. There are 203 days remaining until the end of the year.

On this day in 1776, the Continental Congress selects Thomas Jefferson of Virginia, John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Roger Sherman of Connecticut and Robert R. Livingston of New York to draft a declaration of independence.

Knowing Jefferson’s prowess with a pen, Adams urged him to author the first draft of the document, which was then carefully revised by Adams and Franklin before being given to Congress for review on June 28.

The revolutionary treatise began with reverberating prose:

Draft and adoption

While political maneuvering was setting the stage for an official declaration of independence, a document explaining the decision was being written. On June 11, 1776, Congress appointed a “Committee of Five”, consisting of John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger Sherman of Connecticut, to draft a declaration. Because the committee left no minutes, there is some uncertainty about how the drafting process proceeded-accounts written many years later by Jefferson and Adams, although frequently cited, are contradictory and not entirely reliable. What is certain is that the committee, after discussing the general outline that the document should follow, decided that Jefferson would write the first draft. Considering Congress’s busy schedule, Jefferson probably had limited time for writing over the next seventeen days, and likely wrote the draft quickly. He then consulted the others, made some changes, and then produced another copy incorporating these alterations. The committee presented this copy to the Congress on June 28, 1776. The title of the document was “A Declaration by the Representatives of the United States of America, in General Congress assembled.” Congress ordered that the draft “lie on the table”.

On Monday, July 1, having tabled the draft of the declaration, Congress resolved itself into a committee of the whole, with Benjamin Harrison of Virginia presiding, and resumed debate on Lee’s resolution of independence. John Dickinson made one last effort to delay the decision, arguing that Congress should not declare independence without first securing a foreign alliance and finalizing the Articles of Confederation.[64] John Adams gave a speech in reply to Dickinson, restating the case for an immediate declaration.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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June 10 is the 161st day of the year (162nd in leap years) in the Gregorian calendar. There are 204 days remaining until the end of the year.

On this day in 1990, Luther Campbell and fellow 2LiveCrew members are arrested on obscenity charges

Though the First Amendment to the Constitution clearly states that the U.S. Congress “shall make no law…abridging the freedom of speech,” free speech is widely understood to have its limits. It is dangerous and potentially criminal, for instance, to yell, “Fire!” in a crowded theater. But what about yelling “$&%#@!!” in a crowded nightclub? Lenny Bruce and other comedians tested the limits of that practice in the 1960s, but it was not until the late 1980s that the issue of obscenity came front and center in the world of popular music. The group that brought it there was 2LiveCrew, a hip-hop outfit led by Luther “Luke Skyywalker” Campbell. On June 10, 1990, just days after a controversial ruling by a Florida federal judge, Campbell and two other members of 2LiveCrew were arrested on charges of public obscenity after performing material from their album As Nasty As They Wanna Be in a Hollywood, Florida, nightclub.

As Nasty As They Wanna Be

In 1989, the group released their album, As Nasty As They Wanna Be, which also became the group’s most successful album. A large part of its success was due to the single “Me So Horny”, which was popular despite little radio rotation. The American Family Association (AFA) did not think the presence of a “Parental Advisory” sticker was enough to adequately warn listeners of what was inside the case. Jack Thompson, a lawyer affiliated with the AFA, met with Florida Governor Bob Martinez and convinced him to look into the album to see if it met the legal classification of obscene. In 1990 action was taken at the local level and Nick Navarro, Broward County sheriff, received a ruling from County Circuit Court judge Mel Grossman that probable cause for obscenity violations existed. In response, Luther Campbell maintained that people should focus on issues relating to hunger and poverty rather than on the lyrical content of their music.

Navarro warned record store owners that selling the album may be prosecutable. The 2 Live Crew then filed a suit against Navarro. That June, U.S. district court Judge Jose Gonzalez ruled the album obscene and illegal to sell. Charles Freeman, a local retailer, was arrested two days later, after selling a copy to an undercover police officer. This was followed by the arrest of three members of The 2 Live Crew after they performed some material from the album at a nightclub. They were acquitted soon after, as professor Henry Louis Gates, Jr. testified at their trial in defense of their lyrics. Freeman’s conviction was overturned on appeal as well.

In 1992, the United States Court of Appeals for the Eleventh Circuit overturned the obscenity ruling from Judge Gonzalez, and the Supreme Court of the United States refused to hear Broward County’s appeal. As in the Freeman case, Gates testified on behalf of Navarro, arguing that the material that the county alleged was profane actually had important roots in African-American vernacular, games, and literary traditions and should be protected.

As a result of the controversy, As Nasty As They Wanna Be sold over two million copies. It peaked at #29 on The Billboard 200 and #3 on the Top R&B/Hip-Hop Albums chart. A few other retailers were later arrested for selling it as well, including Canadian Marc Emery who was convicted in Ontario in 1991, and would later gain fame as a marijuana activist. Later hard rock band Van Halen sued over an uncleared sample of their song “Ain’t Talkin’ ‘Bout Love” in The 2 Live Crew Song “The Fuck Shop”. The publicity then continued when George Lucas, owner of the Star Wars universe, successfully sued Campbell for appropriating the name “Skywalker” for his record label, Luke Skyywalker Records. Campbell changed his stage name to Luke (and changed the record label’s name to Luke Records) and the group released an extremely political follow up album, Banned in the USA after obtaining permission to use an interpolation of Bruce Springsteen‘s Born in the U.S.A. The 2 Live Crew paraphernalia with the Luke Skyywalker or Skyywalker logos are often sought-after collector’s items.