Rappers to Get Help From Industry Assn. : The courts: It will enter a brief on behalf of 2 Live Crew in the appeal of a ruling that declared the ‘Nasty’ album obscene.

After months of sitting on the sidelines, the nation’s major record companies--through their industry association--are stepping into the legal controversy surrounding Miami rap group 2 Live Crew.

Jay Berman, president of the Recording Industry Assn. of America (RIAA), told The Times that the association will enter a friend of the court brief on behalf of 2 Live Crew in the group’s upcoming appeal of a June 6 ruling by Florida-based U.S. District Court Judge Jose Gonzalez that declared obscene its “As Nasty as They Wanna Be” album.

The RIAA’s participation in the case--which has led to the arrests in Florida of a record store owner for selling the album and two members of 2 Live Crew for performing a song from the album in an adults-only club--is unusual in that 2 Live Crew leader Luther Campbell’s company, Luke Records, is a non-member independent record company.

“I think this case raises some of the most fundamental issues regarding freedom of speech,” Berman said in a telephone interview this week from his Washington office. “We’re very troubled by certain ideas addressed in the judge’s obscenity decision. It has implications which we believe will not only affect a group like 2 Live Crew, but the music industry as a whole.”

The Miami rap group’s attorney filed an appeal of the decision on June 11, but a court date has yet to be scheduled. Berman said his group is preparing arguments for the case focusing on First Amendment issues and has contacted the band’s lawyer to offer legal assistance.

“I am so troubled by the opening line of Judge Gonzalez’s ruling, where he says this case is about a battle between two ancient enemies: Anything Goes and Enough Already,” Berman said. “That is such a total and preposterous mischaracterization of the facts and it indicates to me that we have a very serious problem here about First Amendment protection regarding artistic expression.”

Debbie Bennet, publicity director at Luke Records, was delighted that the record industry was finally stepping in.

“It’s wonderful to know that people in the business are finally getting behind us,” Bennet said in a phone interview. “I wish it hadn’t taken so long for them to get involved, but hey, better late than never.”

Responding to criticism that his organization was slow in responding to the 2 Live Crew controversy, Berman explained that the RIAA has been preoccupied fighting off mandatory labeling bills proposed in more than a dozen state legislatures across the nation.

“For the past six months, we’ve had to devote almost all our time and resources to defeating government sticker laws,” Berman said. “It’s not as if we’ve been sitting around here waiting for the shoe to fall. We haven’t.

“I represent over 50 companies,” Berman said. “They just don’t move with lightning speed. It’s hard to get them to agree on any one particular thing.”

Mike Greene, president of the National Academy of Recording Arts and Sciences, said he was also pleased to hear that the RIAA had finally decided to get involved in the 2 Live Crew court battle.

“We’re very excited that the RIAA is coming forward in a leadership role on this important issue,” Greene said. “The industry needs to galvanize and protect our right to artistic expression.”

In an effort to address industry-related First Amendment issues, Greene said NARAS is putting together a massive “freedom of speech” protest march and concert, which is scheduled to take place in Washington late this summer.

“The more I think about how these conservative crusaders have tried to turn this into a religious issue, the angrier I get,” Greene said. “I don’t think the majority of American citizens intend to tolerate this kind of right-wing environment in America.”

Virgin Records president Jeff Ayeroff, a staunch opponent to government interference in the record business, also applauded the RIAA’s stance on 2 Live Crew.

“I hope this is just the beginning,” Ayeroff said. “I think we need to register our constituency to vote. We must strike back like the pro-choice advocates are doing with the abortion issue and let politicians like Bob Martinez (the Florida governor who called national attention to 2 Live Crew after ordering an obscenity and racketeering probe of the rap group in January) know that if you mess with rock and roll, you will be voted out of office.”