Wichner again visited the store where he had purchased the "Nasty" cassette as well as two other stores. He gave a copy of the order to the managers of the stores, and told them that they should refrain from selling the "Nasty" recording and that selling the album could result in arrest under Florida state obscenity laws. Some 15 to 20 record stores were personally visited by agents and deputies from the Sheriffs office. Within days, all record stores in the county ceased selling the "Nasty" album. On March 16, 1990, Skywalker Records filed against suit Broward County Sheriff Nicholas Navarro, who himself, on March 27, filed suit to seek legal determination whether "Nasty" was obscene (no trial date was set). The Skywalker Records trial was held June 6, 1990 at the District Court of Ford Lauderdale, Florida, to determine a) whether the album "As Nasty As They Wanna Be" was legally obscene as a mater of civil, not criminal law, and b) whether the actions of defendant Navarro were unconstitutional prior restraint (Skywalker Records, Inc. v. Navarro 1990). The ruling was determined as follows. District Court Judge Jose Gonzalez first pointed out that the First Amendments free speech guarantee is not absolute, that obscene speech is not constitutionally protected, and that the State of Florida has enacted an obscenity statute. The 2 Live Crew argued that it is up to the free market of ideas to decide what is obscene and what is not, and that everybody is free not to buy a record. They also pointed to the fact that a sticker was placed on the album containing the words: "Warning: Contains Explicit lyrics". The Judge replied that under Florida law obscenity is a crime and that the court merely seeks to interpret the law. Therefore, the Judge ruled to determine whether the "Nasty" album is obscene by applying the so-called Miller test of obscenity. The Miller obscenity test, first applied in Miller v. California (1973), is applied by determin...
