A U.S. District Court has dismissed a lawsuit brought by the American Civil Liberties Union of Michigan on behalf of music duo Insane Clown Posse against the FBI for its 2011 designation of ICP fans as a gang. While it would be easy to write this off as a publicity stunt, the underlying issues are complex and could have serious legal implications for various cultural groups.
To understand the significance of the case, we’ll take a look at ICP culture, the ACLU and ICP lawsuit’s intent and what the outcome means for other groups.
‘Juggalos’ – music fans or dangerous gang?
The Insane Clown Posse is a Detroit-based horror rap group made up of two rappers, Violent J and Shaggy 2 Dope. They formed in the late 1980s and have been performing horror-themed rap music for almost 30 years.
A vibrant and loyal sub-culture made up fans that call themselves “Juggalos” or “Juggalettes” has grown around the duo, their music, and their emblem. Juggalos often wear black-and-white face paint and clothes or jewelry featuring the ICP logo of a clown running with a hatchet. Juggalos hold large festivals where drugs are plentiful and where behavior can be both friendly and threatening.
Juggalos consider themselves an open-minded family, yet Juggalo culture is known for its inclination toward drug use, petty theft and, in some cases, acts of violence. This reputation led to the 2011 FBI classification of Juggalos as a “loosely-organized hybrid gang.”
The case
Initially, the ICP was impressed that their fans were notorious. But after reports of profiling and targeting by law enforcement, including incidents of fans being pulled over for displaying ICP emblems on vehicles and U.S. Army recruits facing pressure to remove ICP tattoos before enlisting, the group partnered with the ACLU to file a lawsuit against the FBI in 2012. The intention of the lawsuit was to remove Juggalos from the FBI’s list of gangs.
This month, U.S. District Judge Robert Cleland dismissed the case, stating that the actions against the Juggalos were not committed by the FBI but by local law enforcement. In addition, ruled Cleland, there was not sufficient proof that the FBI had caused harm to people identifying as Juggalos to pursue the case.
Setting precedent on cultural profiling
This case marks a potentially dangerous precedent in profiling based on cultural identifiers alone.
Fans have been trampled by crowds of “Beliebers,” Justin Bieber fans, and four fans were trampled to death at a concert given by boy band a1 in 2001. Does that make these fans dangerous to society?
As more people with shared interests unite through social media, it may become easier for law enforcement or employers to discriminate against individuals who identify with certain groups.
The dismissal of the ICP’s case implies that the FBI’s label of Juggalos as a gang does not impact how they are treated by the police. Yet police forces are guided by intelligence provided by the FBI. In fact, that is the intent and purpose of the FBI’s gang database.
The ACLU legal team representing the ICP is currently appealing the decision.
3 comments
Digital Jedi
That was a weird reaction. Who said this WASN'T an opinion piece?
jerry
They really should have been able to pursue this lawsuit. A sad day for folks who may not always agree with the government
Mike Dillon
Is this journalism, or an opinion piece? Perhaps you should keep your ivory tower opinions to yourself, and let the readers decide for themselves the merits of the case.