Macomb County Circuit Court Judge Deborah Servitto dismissed a case against Eminem, whose real name is Marshall Mathers III, last Friday. It had been filed by Deangelo Bailey, who sued over lyrics in the song “Brain Damage” on Eminem’s highly popular 2001 recording “The Slim Shady LP.”
In that song, Eminem says Bailey beat him up when they were kids attending Dort Elementary School in Roseville.
The lyrics include: I was harassed daily by this fat kid named D’Angelo Bailey
An eighth-grader who acted obnoxious, cause his father boxes
So every day he’d shove me in the lockers.
In her poem, excerpts of which were published in Tuesday’s editions of the Detroit Free Press, Servitto said Eminem broke no laws with his song about Bailey.
Mr. Bailey complains that his rep is trash
So he’s seeking compensation in the form of cash.
Bailey thinks he’s entitled to some monetary gain
Because Eminem used his name in vain.
Eminem says Bailey used to throw him around
Beat him up in the john, shoved his face in the ground.
Eminem contends that his rap is protected
By the rights guaranteed by the First Amendment.
Eminem maintains that the story is true
And that Bailey beat him black and blue.
In the alternative he states that the story is phony
And a reasonable person would think it’s baloney.
The court must always balance the rights
Of a defendant and one placed in a false light.
If the plaintiff presents no question of fact
To dismiss is the only acceptable act.
If the language used is anything but pleasin’
It must be highly objectionable to a person of reason.
Even if objectionable and causing offense
Self-help is the first line of defense.
Yet when Bailey actually spoke to the press
what do you think he didn’t address?
Those false-light charges that so disturbed
Prompted from Bailey not a single word.
So highly objectionable, it could not be
— Bailey was happy to hear his name on a CD.
Bailey also admitted he was a bully in youth
Which makes what Marshall said substantial truth.
This doctrine is a defense well known
And renders Bailey’s case substantially blown.
The lyrics are stories no one would take as fact
They’re an exaggeration of a childish act.
Any reasonable person could clearly see
That the lyrics could only be hyperbole.
It is therefore this court’s ultimate position
That Eminem is entitled to summary disposition.
The idea for the rap ruling was Servitto’s, said Annette Lupo, the judge’s secretary. Two aides at the court’s law library helped write the lyrics and Servitto signed off on them, Lupo said.
The ruling — that is the rap — was a hit with the court. Judges, clerks, bailiffs, attorneys and Hollywood wanted to see the song.
The judge received calls from cable channels MTV and CNN and the TV program “Celebrity Justice.”
But the judge is not taking requests. She will not set the lyrics to music. Don’t bother asking her to rap on; she won’t comment further because there still could be an appeal.
Eminem wasn’t in court for the ruling, but his attorney, Peter Peacock, said the judge’s rap was witty.
Credit: Detroit Free Press/Reuters