High Court Clears Way for Rosa Parks’ Lawsuit

The Supreme Court cleared the way Monday for civil rights figure Rosa Parks to proceed with her lawsuit against OutKast and others over the rap music duo’s hit song with her name as its title.

The justices let stand a U.S. appeals court ruling that reinstated Parks’ false-advertising and publicity claims against OutKast and three Bertelsmann AG units -- LaFace Records, the record producer, and Arista Records and BMG Entertainment, the distributors.

Parks made history in 1955 when she refused to give up her seat to a white man and move to the back of a city bus in Montgomery, Ala.

Her arrest, which became a defining moment in the civil rights movement, led to a 381-day boycott of the bus system by blacks.

It resulted in the end of segregation on public transportation in Montgomery and became a catalyst for organized boycotts, sit-ins and demonstrations across the South.

The song, “Rosa Parks,” released as part of the 1998 album “Aquemini,” was nominated for a Grammy award.

The lyrics do not mention her by name, but the chorus says, “Ah, ha, hush that fuss. Everybody move to the back of the bus.”

The album by rap recording artists Andre Benjamin and An- twan Patton has sold more than 2 million copies and the song enjoyed long-lasting success on the Billboard charts.

Parks, a Detroit resident, sued in 1999, claiming that use of her name without permission constituted false advertising and infringed on her right to publicity. She also claimed it defamed her character and interfered with a business relationship.

She had approved a collection of gospel recordings by various artists, released in 1995 and entitled “A Tribute to Mrs. Rosa Parks.”

A federal judge dismissed the lawsuit in 1999, ruling constitutional free-speech rights under the 1st Amendment covered the use of Parks’ name.

The appeals court upheld the dismissal of the claims of defamation and interference with a business relationship, but reinstated the rest of the lawsuit.