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TUCKER v. FISCHBEIN

No. 99-1139.

237 F.3d 275 (2001)

C. Delores TUCKER; William Tucker, her husband, v. Richard FISCHBEIN; Belinda Luscombe; Newsweek Magazine; Johnnie L. Roberts; Time Inc. C. Delores Tucker; William Tucker, Appellants.

United States Court of Appeals, Third Circuit.

Filed January 9, 2001.

Attorney(s) appearing for the Case

Richard C. Angino, (Argued), Angino & Rovner, Harrisburg, PA, Attorney for Appellants.

Alan J. Davis, Stephen J. Kastenberg, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, Donald N. David (Argued), Beth W. Fischbein, Fischbein, Badillo, Wagner & Harding, New York, NY, Attorneys for Appellee Richard Fischbein.

Laura E. Krabill, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, Paul G. Gardephe (Argued), Milton L. Williams, Jr., Time, Inc., Legal Department, New York, NY, Attorneys for Appellee Belinda Luscombe and Time, Inc.

Kevin T. Baine (Argued), Williams & Connolly, Washington, DC, Attorney for Appellee Newsweek Magazine and Johnnie L. Roberts.

Before NYGAARD, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This case marks the third round of litigation between C. Delores Tucker, a former state official and a community leader, and the record companies and performers responsible for what is known as "gangsta rap."1 Since 1993, C. Delores Tucker has crusaded against gangsta-rap lyrics, which, she asserts, "grossly malign black women, degrade the unthinking young black artists who create [gansta...

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