Reputational harm or free speech? Afroman’s defamation case now in hands of jury
The fate of the rapper Afroman, accused of defaming seven Ohio sheriff’s deputies, now rests in the hands of a jury.
The deputies claim Afroman — whose real name is Joseph Foreman — intentionally and maliciously harmed their reputations when he released a music video that featured footage of them raiding his home in Winchester, Ohio, in 2022. Foreman says the video was social commentary protected by the First Amendment.
The deputies are seeking $3.9 million in damages.
Lawyers presented closing arguments Wednesday after three days of testimony. Each day of the trial, Foreman — who, undeterred by the civil case, released several additional music videos referring to the raid — appeared in court dressed in the same American-flag suit he wore in his “Batterman Hymn of the Police Whistle Blower” video.
The case centers on the video for Foreman’s song “Lemon Pound Cake,” in which he showed one deputy apparently ogling the titular torte on a kitchen counter during the narcotics raid, which led to no criminal charges.
The officer, Deputy Shawn Cooley, testified Tuesday that when he worked on an unrelated case near the Ohio-Pennsylvania border, people referred to him as Lemon Pound Cake and requested his autograph.
Nevertheless, “the case isn’t about lemon pound cake,” Robert Klinger, attorney for the deputies, told the jury on Wednesday. “It’s about intentional lies designed to hurt people. And they hurt people.”
Foreman’s lawyer, David Osborne, used his closing argument to remind the jury of popular rap songs and commentary that have stirred controversy. He cited Cardi B and Megan Thee Stallion’s 2020 song “WAP,” the animated adult sitcom “South Park,” and the late-night comedy sketch show “Saturday Night Live.”
“What opinion does that send if you can sue people, music artists, comedians, to shut them down?” Osborne asked the jury.
‘You had to look over your shoulder’
Foreman’s trial captivated social media as lawyers questioned several witnesses about claims Foreman made online.
At one point, Klinger asked Cooley why he sought legal representation. Cooley said the deputies were affected by Foreman’s posts and their only recourse was filing a lawsuit. He said that prior to the videos, officers rarely dealt with disgruntled people.
“Then he starts calling us thieves on the internet, starts selling merchandise with our photo on it,” he said.
Cooley said the deputies have encountered people who jeered at them about stealing money or asked why they allegedly stole Foreman’s money. Cooley said he and his family had received death threats.
“It just went from being a nice quiet community, a job you felt safe in, to a place where you had to look over your shoulder every second,” he said.
Foreman took the stand on Tuesday, wearing his flag suit, several pieces of gold jewelry and American-flag sunglasses. He testified that he made roughly $24,000 from the songs and merchandise. He told Klinger he’s not intentionally making money off the lawsuit.
“We wouldn’t be in this room right now if they hadn’t raided my house and didn’t press charges and didn’t even know what they was doing,” Foreman said. “This whole thing is their fault and they’re suing me for their mistake.”
Ella Rae Greene, Editor In Chief
