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Luke Records, Inc., a Florida Corporation Formerly Known as Skyywalker Records, Inc., et al. v. Navarro

960 F.2d 134 (1992)

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Luke Records, Inc., a Florida Corporation Formerly Known as Skyywalker Records, Inc., et al. v. Navarro

United States Court of Appeals for the Eleventh Circuit

960 F.2d 134 (1992)

Facts

Luther Campbell, David Hobbs, Mark Ross, and Charles Wongwon (2 Live Crew) (plaintiffs) were members of a musical group that released a song titled “As Nasty As They Wanna Be.” The Broward County, Florida Sheriff’s Office (the sheriff) (defendant) took actions that discouraged record stores in the county from selling 2 Live Crew’s song. 2 Live Crew subsequently filed an action in federal district court seeking to enjoin the sheriff from interfering with sales of the song and seeking a declaration that the song was not obscene under 28 U.S.C.A § 2201. The district court granted the injunction against the sheriff but, acting as the fact-finder, the district-court judge found that the song was obscene. 2 Live Crew appealed the latter judgment, arguing that the sheriff failed to provide any evidence to support its claim that the work was obscene.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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