The new question that all potential Supreme Court justices are judged on (Does 2 Live Crew turn them on?) has been answered for Elena Kagan. The answer’s no. We know this because in 1990 Kagan wrote an amicus brief for the RIAA that argued that the the Crew’s 1989 album As Nasty As They Wanna Be is not obscene:
That’s right, it doesn’t excite anyone. Not a single solitary person has been aroused by this album. That doesn’t mean she’s not a fan, though. She also wrote that the album has “serious artistic value.” So there you have it.
Kagan’s RIAA brief revealed: ‘As Nasty As They Wanna Be’ fails to ‘physically excite,’ ‘arouse’ [Copyrights and Campaigns via Newser]
