Chief Justice John Roberts cites to Bob Dylan
July 01, 2008 at 11:59 AM
Chief Justice of the Supreme Court, John Roberts, cited to a Bob Dylan song lyric in his dissent on a case involving pay phone operators and long distance phone companies. Adam Liptak at the New York Times writes a humorous article about this case, and others which has cited to song lyrics.
From the NY Times:
''The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing,'' Chief Justice Roberts wrote. '' 'When you got nothing, you got nothing to lose.' Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965).''
Alex B. Long, a law professor at the University of Tennessee and perhaps the nation's leading authority on the citation of popular music in judicial opinions, said this was almost certainly the first use of a rock lyric to buttress a legal proposition in a Supreme Court decision. ''It's a landmark opinion,'' Professor Long said.
In the lower courts, according to a study Professor Long published in the Washington & Lee Law Review last year, Mr. Dylan is by far the most cited songwriter. He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel). Bruce Springsteen has 5.
But Mr. Dylan has only once before been cited as an authority on Article III standing, which concerns who can bring a lawsuit in federal court. His key contribution to legal discourse has been in another area.
''The correct rule on the necessity of expert testimony has been summarized by Bob Dylan: 'You don't need a weatherman to know which way the wind blows,' '' a California appeals court wrote in 1981, citing ''Subterranean Homesick Blues.'' Eighteen other decisions have cited that lyric.
The Chief Justice, Dylan, and the Disappearing Double Negative -- NY Times (via WestLaw)