Profane rap lyrics on an album by the late Tupac Shakur are not evidence that two record labels maliciously prosecuted a crusader against gangsta rap, a federal appeals court has ruled.

The song "How Do U Want It" from Tupac's 1996 recording "All Eyez on Me" addresses DeLores Tucker as a "muthafucka," while "U Wonda Why They Call U Bitch" declares, “Dear Ms. Delores [sic] Tucker, you keep stressin’ me, fuckin with a motherfuckin’ mind."

Tupac recorded the album for Death Row Records and Interscope Records distributed it.

According to Tucker's estate, the lyrics show Death Row and Interscope had a malicious intent when they both sued her in 1995 for interfering in their contractual relationship. Tucker, who died in 2005, filed a malicious prosecution case against the labels shortly after they dismissed their suits.

But in upholding a trial judge's dismissal of Tucker's suit, a 2-1 majority of the 9th U.S. Circuit Court of Appeals said the lyrics were "simply not probative of either [label's] subjective intent in filing the underlying litigation" and "calling out an individual in lyrics -- even if done so in a shocking and degrading way -- does not present any of the 'hallmark[s]' of a lawsuit brought for an improper purpose."

In a partial dissent, Judge John T. Noonan read the lyrics differently:

The two songs made by Tupac under the Death Row record label during the litigation demonstrate the strongest antipathy to Tucker, who is assailed in vile language. A jury could well conclude, If this evidence does not exhibit malice, what would? Estate of Tucker v. Interscope

Tucker clashed with Death Row and Interscope after she launched a campaign to limit the sale of gangsta rap to minors, arguing they should be protected from the music's aggressive language and misogynistic themes.

By Matthew Heller
2/9/08