Failure of ICP lawsuit endangers artists, everyone

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opinions

July 17, 2014 - 12:00 AM

In 2011, the FBI stated in their National Gang Threat Assessment that fans of the rap duo Insane Clown Posse who openly wear tattoos and clothing associated with the group are a “loosely organized hybrid gang.” ICP and several fans, who are known as “Juggalos,” responded with a lawsuit against the FBI earlier this year, contending the assessment violated their First Amendment rights of freedom of speech and freedom of association, as well as their Fifth Amendment right to due process, according to a Jan. 9 article by CNN. Unfortunately, the lawsuit was dismissed by a federal judge on June 30.
Whatever your feelings about rap or hip-hop music, ICP, or Juggalos this is a serious misstep of justice. By dismissing the case and allowing Juggalos to be branded as gang members the doors have been opened for similar cases of discrimination to follow. And it’s not just fans of music who are in danger, here. This is something that affects all of us.
Something that Violent J, one of the members of Insane Clown Posse, pointed out in a statement to the ACLU is that ICP has been around for 20 years. This means that there are Juggalos out there who got an ICP tattoo at the age of 18 who are now 38-year-old dentists with kids and a mortgage. And I don’t care how awful you think their music is, 20 years is sufficient time to accumulate a massive fan base.
Yes, gangs wear uniforms to help them identify each other, and law enforcement agencies have been gathering data on the subject for decades to help them identify potential criminals.
These are facts I’m not disputing. The problem with profiling, relying entirely on what someone wears to identify him as a potential criminal, is that it’s not a perfect system and embarrassing mistakes are made because of it, mistakes that cause harm to law abiding citizens and color their view of law enforcement.
ICP makes music, they sell T-shirts with their logo and they have a cute nickname for their rabid fan base. Countless other bands do the same thing. ICP’s Juggalos can no more be considered a gang than can Slipknot’s Maggots or Lady Gaga’s Little Monsters. Do you have any idea how many people have been arrested for a serious crime while wearing a Metallica T-shirt? Or sporting a Red Hot Chili Peppers tattoo?
Fandom is not a crime.
Among the fans who joined ICP’s lawsuit against the FBI was a truck driver whose company, Juggalo Express LLC, displays the ICP “hatchet man” logo on the trucks. He was targeted by state troopers for having a “gang symbol” on his truck, and they cited the FBI as the source of their information. Another fan was denied by the U.S. Army when he tried to enlist because of his ICP tattoos. Where I come from, soldiers are heroes and self-employed businessmen are admired.
I do not want to live my life in fear wondering if I violate the FBI dress code, and neither should you. Wearing Ralph Lauren does not make you a member of the Lo-Lifes. Getting a Phillies or Bulls tattoo does not make you a Blood. Being a Juggalo does not make you a criminal — committing a crime is what would make you a criminal.

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