At once revered and reviled, Citizens United remains one of the most controversial and consequential Supreme Court decisions of the twenty-first century. Striking down all prohibitions on independent campaign expenditures, the landmark 2010 decision found that corporations are afforded the same First Amendment free speech rights as are individuals.

While Justice Stevens, dissenting for the Court’s four liberal members, blasted the conservative majority’s “wooden approach to the First Amendment,” his words were not enough. Citizens United removed one of the last remaining guardrails against corporate interests, and as a result, dark money, corporate spending, and Super PACs have come into election cycles.  Join the legendary Hollywood Director Judd Apatow as we get into the case.

This marks the end of the Courtside Season 1. There might be a special bonus episode coming with someone quite interesting next month, if the stars align. And yes, because you all made Courtside such a smashing success, Season Two will appear in the summer of 2024!

Paid subscribers have access to all the extra written materials about Citizens United below, including a short summary of the case, the full written decision, and an abridged one.

I discuss these three Trump maneuvers, and why each is likely to fail. Listeners have been asking me about each of these 3, so I thought I’d put my answers to you in this format. For more on the new Georgia statute for ouster of local prosecutors (a move Governor DeSantis just used in Florida), read this informative article https://www.theatlantic.com/ideas/archive/2023/08/trump-georgia-indictment-motion-remove/675019/

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Campbell v. Acuff-Rose Music Inc. is an important 1994 Supreme Court decision that profoundly impacted copyright law. In a unanimous decision, the Court found that parody is, by and large, protected under the fair use exception, meaning that it doesn’t violate copyright. In the case, 2 Live Crew, a rap group, parodied Roy Orbison and William Dees’ song “Oh, Pretty Woman.” The Court said that was OK. In the long run, the decision has eliminated barriers that previously prevented artists from incorporating unoriginal works into their own, thereby promoting creative growth and the expansion of the arts.

We have the ideal guest to discuss the case, Aaron Dessner. Aaron is part of what I think is the best band in America, the National. He's also the most sought after music writer today, having co written several records with Taylor Swift, including the hauntingly beautiful Folklore and Evermore. He just did the same with Ed Sheeran’s new record Subtract. The idea for this episode arose one night after one of Aaron’s concerts, where he and I got talking about music and copyright and how AI, Artificial Intelligence, was going to upend things.

So here’s what happened. In 1964, the singer-songwriters Roy Orbison and William Dees wrote a song entitled “Oh, Pretty Woman.” After completion, they assigned the rights of the song to a music company called Acuff-Rose Music, which soon had it registered for copyright protection.

25 years later, popular rap music group 2 Live Crew wrote a parody of the song, which they called “Pretty Woman.”

The parody began with the original lyrics and harmonies, but it quickly changed gears, replacing the wishful and melancholy words and chords with startlingly brash ones. 2 Live Crew wrote to Acuff-Rose and asked for permission to release their parody. Acuff-Rose denied the request, but the group went ahead and released the song anyway.

About one year later, Acuff-Rose sued 2 Live Crew for copyright infringement. The District Court ruled in favor of 2 Live Crew, but the Court of Appeals reversed. 2 Live Crew appealed, and the Supreme Court agreed to hear the case. At issue was a simple question, but one that had the potential to radically transform copyright law: Did 2 Live Crew’s parody qualify as fair use under the Copyright Act of 1976?  The Court unanimously said it did.

Campbell v. Acuff-Rose Music was a very consequential ruling. Aside from allowing 2 Live Crew to continue selling their parody of “Oh, Pretty Woman,” the decision also promoted artistic growth, pushing the boundaries of what could acceptably be imitated from preexisting works. Indeed, by recognizing that parody meets the threshold for fair use, the Court opened countless doors for aspiring artists, ensuring that they can draw upon, alter, and otherwise criticize previous works.

But that is not to say that the decision gives artists a blank check. As Justice Kennedy remarked in a brief concurrence, “The parody must target the original, and not just its general style, the genre of art to which it belongs, or society as a whole.” In other words, parody qualifies under the fair use exception so long as it criticizes the original work (and not some broader societal phenomenon). The decision thus respects the key tenets of copyright law and protects the works of parodists, striking a delicate yet thoughtful balance between two competing interests.

Aaron and I get into a discussion of modern copyright problems, including the Ed Sheeran case and the ways in which Artificial Intelligence might upend things.

Paid subscribers have access to all sorts of information about the case, including a short summary of it, an abridged version of the decision, and the full decision. There will also be a remarkable bonus episode with more from Aaron Dessner for paid subscribers in the days to come.