ACLU Defends Afroman in Police Raid Lawsuit

Attorneys argue the lawsuit impedes the rapper's First Amendment rights

Photo via @ogafroman on Instagram

BY Allie GregoryPublished Apr 20, 2023

The American Civil Liberties Union (ACLU) has come to the defence of Afroman in an amicus brief after the "Because I Got High" rapper and 2024 presidential hopeful was sued by Adams County Sheriff's Department officers for "emotional distress, embarrassment, ridicule, loss of reputation and humiliation" earlier this year.

The suit — filed by four deputies, two sergeants and a detective — claims that Afroman (a.k.a. Joseph Foreman) invaded their privacy by using footage of a raid on his home in several of his music videos.

Those include the delectably funny "Will You Help Me Repair My Door," "Lemon Pound Cake" and "I'm a Have a Good Time," as well as "Why You Disconnecting My Video Camera," which includes the lyrics, "Randy Walters, Private Pyle / I used to fuck his wife doggy style / Fidel Castro, um, let′s see / Duck Dynasty, Uncle Jesse / Officer Receding Hairline / Deputy Dipshit just can't find shit," alongside footage of law enforcement going through his house and belongings with weapons drawn. (The Cleveland raid turned up no evidence and resulted in no charges being filed.)

Now, attorneys David Carey, Amy Gilbert, Freda Levenson and Vera Eidelman of the ALCU SPT argue that the lawsuit impedes Foreman's First Amendment right "to criticize government actors, including police officers, especially on matters of public concern." They also argue that the plaintiffs have "failed to sufficiently plead invasion of privacy through publicity." The first hearing was scheduled for today, April 20, naturally.

"This case is a classic entry into the SLAPP suit genre: a meritless effort to use a lawsuit to silence criticism," the amicus brief reads. "And not just any criticism, but criticism specifically of government actors. Plaintiffs are a group of law enforcement officers who executed what appears to have been a highly destructive and ultimately fruitless search of a popular musician's home."

It continues, "Now they find themselves at the receiving end of his mockery and outrage, expressed through a series of music videos about the search, as well as spinoff merchandise and social media commentary. ... Nothing about Mr. Foreman's expression involves matters of Plaintiffs' intimate personal privacy that could be protected by law. To the contrary, his description — and criticism — of their police work is a legitimate matter of public concern. Plaintiffs' claims should be dismissed."

In an Instagram post from March 2023, Afroman promised to countersue for "the unlawful raid, money being stolen, and for the undeniable damage this had on my client's family, career and property."

Revisit the music video for "Why You Disconnecting My Video Camera" below. 

 

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