The American Civil Liberties Union, along with its Ohio chapter, filed a proposed brief in support of Afroman. Seven police officers have sued him for civil damages because they are unhappy that the hip-hop artist used footage from their raid on Afroman’s home to make a music video.
Afroman’s real name is Joseph E. Foreman. He was sued by the Adams County Sheriff’s Office last month after they conducted a search at his home in 2022 that targeted “unknown amounts of marijuana” as well “paraphernalia for the sale and distribution of drugs”, as well as suspicions of “kidnapping”. However, only trace quantities of cannabis were found.
The musicians used footage from home security cameras to create a video of a song about the incident titled “Will you Help Me Repair My Doors”. The officers were not happy with this and sued Foreman, alleging they had suffered “humiliation and ridicule, emotional distress, embarrassment, and loss of their reputation”.
Five other entities, including Foreman, were listed as defendants in the civil suit. These are reportedly involved in marketing and distribution of the Afroman product. The officers have filed a civil lawsuit seeking damages and injunctive remedies. Their first hearing is scheduled for 4/20, the unofficial cannabis celebration.
The civil case raises several legal issues pertaining to First Amendment rights and the harms caused by marijuana prohibition.
We, along with @ACLUOhio ask the court to dismiss this lawsuit – and know why.
The court’s order to stop criticizing police was based on a false claim that intimidated @OGAfroman and made him say nothing.
The ACLU (@ACLU April 19, 2019
Afroman became famous in the early 2000s when his hit song “Because i Got High” was released and sold more than 1.5 million copies. Afroman was the subject of a SWAT raid on his home in 2022 pursuant to an official search warrant. This incident is at the core of the civil suit.
NEW TONIGHT: ONLY ON @FOX19 At 10p, we execute the search warrant on the property owned by AfroMan. pic.twitter.com/JYWdf4s03P
Ken Baker (@KenBakerTV August 31st, 2022
Afroman wasn’t at home when the incident occurred, but his wife captured images and video footage on her mobile phone. The home was equipped with surveillance cameras which recorded the officers performing the raid.
The officers found only traces of marijuana, as well as $5,031 cash. No charges were filed. Cash was confiscated on suspicion of being drug trafficking proceeds. It was returned months later. The money was returned several months later. However, the initial sum of money returned was , despite the fact that it was in two bags that had been “both sealed before the counting process”.
Afroman uses his music videos to comment on the actions of the police officers in the course and scope of their official duties. This is protected speech.
It doesn’t matter that he earns money.
The ACLU (@ACLU April 19, 2019
According to the court filing of the original lawsuit, “After the searches were completed, Foreman used parts of the recordings from his wife’s phone and surveillance cameras to make music videos about the searches.”
The filing states that “These music videos clearly depict the images, likenesses and distinctive appearances (“personas”) of many of officers involved in search, including all Plaintiffs.”
The officers claim that Afroman has posted online content on Instagram and YouTube more than a dozen different times. He also “created and performed these and other depictions for Plaintiffs’ personas, posted them, and made public their commercial use without authorization from any of the Plaintiffs.”
The Plaintiffs claim that Afroman also created and sold merchandise featuring some of the officers. (Full disclosure, I ordered three of these t-shirts myself from Afroman’s website including one autographed by Afroman).
The plaintiffs are all officers of the Adams County Sheriff’s Office, located in West Union, Ohio. This includes four deputies and two sergeants, as well as a detective. In the complaint, it is claimed that “they have suffered damages including all profits attributable to defendants’ unauthorized usage of Plaintiff’s Personas and have suffered humiliation and ridicule as well as mental distress, embarrassment and loss of reputation.”
The ACLU has filed a proposed amicus short on Wednesday. It describes the officers’ suit as “a classic entry in the SLAPP lawsuit genre” and a “meritless effort to use a litigation to silence criticism.”
Let’s stop this right in its tracks. First Amendment protects Afroman’s right to free speech.
On the eve #420, it’s time for police to cease suing citizens who make unflattering comments about them. https://t.co/XfuZImM0LW
— ACLU of Ohio April 19, 2019
The amicus document states that “Plaintiffs” are a group law enforcement officers, who conducted what appeared to be a destructive and ultimately futile search of the home of a famous musician. Now they are the target of his mockery, and outrage expressed in music videos, spinoff merchandise, and social media commentary.
It continues: “At a granular level the Complaint attempts to shoehorn facts into a torts intended for purposes other that Plaintiffs, and it fails because it does provide allegations that can fulfill the requisites elements of any claim.” “Conceptually their allegations are in violation of a deeper principle: The First Amendment is more protective of criticism of public officials when it comes to matters of public concern.”
The officers’ original lawsuit demands a trial by jury and lists five counts of the defendants. The officers are demanding the “profits made by defendants” for using Plaintiffs’ personas allegedly without authorization. They also want injunctive remedies and “other remedies” “in excess” of $25,000.
The ACLU, however, argues in an amicus brief, that the original filing contains several legal flaws, such as the fact that “Plaintiffs have not identified the substance of any statement made in the videos, or anywhere else, that they claim to be false.”
ACLU: “Instead, their main complaint is that Mr. Foreman makes money from his video commentary and other merchandise and criticizes Plaintiffs harshly while doing so,” ACLU stated. “That’s not tortious conduct. It is protected free expression.”
Afroman, in response to the first court filing, participated in several media interviews where he stated that he would be filing a lawsuit in countersuit.
Afroman told NPR, “I want them to sue me for stealing my cash. I want them to sue me for writing ‘kidnapping” on a warrant. This accusation is enough to make people look at you.”
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The post Afroman’s Music Video Defends the ACLU In A Lawsuit from Police who Are Upset That He Used Footage of Their Marijuana raid on His Home first appeared on Marijuana moment.
