Nasty does not physically excite anyone who hears it, much less arouse a shameful and morbid sexual response."Anyone"? Really??? (Not even her kinky BFF?)
Kagan (who presumably falls within the category of "anyone") may not be "excite[d]" or "arouse[d]" by the Crew's oeuvre, but she does, with a straight face, argue that it contains "serious artistic value." Oddly, though, she apparently couldn't find any examples of such in the album itself; she cites none. Rather, her brief, written while she was an associate at Williams & Connolly, relies on Leonard Bernstein for the proposition that all music has "inherent value" (with props to Justice Scalia for noting that "ratiocination has little to do with esthetics"). (All music has value; Nasty is music; therefore Nasty has value. Q.E.D.!) She also notes that at least one song has political value; apparently "Dick Almighty" ("They took a dick from California, transplanted that mutha fucka to Washington DC and it fucked the nation") was a reference to none other than our 37th president, Richard Milhous Nixon. Who knew??
Whatever one may think of Kagan's characterization of Nasty, one can't argue with success; the 11th Circuit bought her arguments. See Luke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992) (reversing district court's ruling that the album was obscene, see Skyywalker Records, Inc. v. Navarro, 739 F. Supp. 578 (S.D. Fla. 1990)).
RIAA amicus brief in Luke Records, Inc. v. Navarro