Lyrics and the Law
July 1, 2008
In one of the last dissents of the term, Chief Justice John G. Roberts Jr. quoted an unusual authority: Bob Dylan.
According to an article published in The New York Times Sunday, Roberts cited to the songwriter in his dissent on whether or not companies hired to collect on behalf of pay-phone operators have standing to sue phone companies over fees.
Roberts writes (PDF):
“The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing,” Chief Justice Roberts wrote. “ ‘When you got nothing, you got nothing to lose.’ Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965).”
The Times article discusses the different ways lyrics have made their way into legal opinions, noting that while this is the first time a Supreme Court justice has cited to popular music, many lower court decisions are riddled with these references.
Can you think of any lyrics that Roberts can use in future opinions? Maybe “You can’t always get what you want,” by the Rolling Stones? Or the great Gershwins’ standard, “They can’t take that away from me,” if it’s an eminent domain case?
CHRISTINA DORAN, Assistant Legal Editor
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And it’s official: the rebelliousness and counter-cultural wind has been taken right out of Dylan’s sails. From doing Victoria’s Secret commercials to being used in Supreme Court opinions.
In the year 2047, a concurring opinion will issue using lyrics from Nirvana’s “Smells Like Teen Spirit”, as history repeats itself.