llect and the mind" (1990:591). Second, again as a question of fact, the Judge decided that "Nasty" deals with sexual activities in graphic detail ("like a zoom lens"), that the album is replete with sexual lyrics, and that it is therefore patently offensive. Finally, the Judge ruled that, taken as a whole, the "Nasty" album does indeed lack any serious artistic, literary, political, or social value. This decision was not measured by community standards, but on the basis of a determination of the reasonable persons judgment. Judge Gonzalez explicated that neither the musical style "rap" nor the band 2 Live Crew were on trial, and that the trial only dealt with the recording "As Nasty As They Wanna Be". Several experts, including Carlton Long, Assistant Professor in Political Science at Columbia University, an expert on Black American culture, witnessed on behalf of the plaintiffs. Long contemplated upon the cultural and political significance of the album to demonstrate its redeeming social value. Plaintiffs also pointed to the fact that when parts of the album were played during the trial, the audience was laughing, indicating that the album is a piece of comedy and satire. The Judge argued that the laughter could have been intended to hide embarrassment and shame because of hearing the lyrics. Also, the Judge indicated that rap is essentially verbal and that the riffs borrowed from other recordings do not manage to lift the "Nasty" album to an artistic work. In conclusion, the album "As Nasty As They Wanna Be" by 2 Live Crew was ruled legally obscene. Judge Gonzalez also ruled on the fact whether the Sheriffs actions were a case of prior restraint. He decided that the initial purchase of the "Nasty" album by Deputy Sheriff Wichner was not prior restraint, and neither was Judge Grossmans inquiry into the probable cause of obscenity. However, the order of Judge Grossman indicating probable cause of the "Nasty" recordings obscenity was i...
