Podchaser Logo
Home
If you see something, say nothing: Kim Osorio v. 'The Source'

If you see something, say nothing: Kim Osorio v. 'The Source'

Released Thursday, 27th April 2023
Good episode? Give it some love!
If you see something, say nothing: Kim Osorio v. 'The Source'

If you see something, say nothing: Kim Osorio v. 'The Source'

If you see something, say nothing: Kim Osorio v. 'The Source'

If you see something, say nothing: Kim Osorio v. 'The Source'

Thursday, 27th April 2023
Good episode? Give it some love!
Rate Episode

Episode Transcript

Transcripts are displayed as originally observed. Some content, including advertisements may have changed.

Use Ctrl + F to search

0:00

A warning before we begin, this

0:02

podcast is explicit in every way.

0:05

And this episode covers allegations

0:07

of sexual harassment.

0:09

For more than a year, Lauder was working

0:11

on a story about an almost 20-year-old lawsuit

0:14

in hip-hop. A lawsuit that alleged

0:17

sexual harassment and workplace discrimination

0:19

at a place that was the pinnacle of hip-hop journalism

0:22

at the time,

0:23

The Source magazine. A

0:25

story that centered on the plaintiff in the case,

0:28

the former editor-in-chief of The Source. Kim

0:31

Osorio.

0:33

Kim had sued the magazine's co-owners, Dave

0:36

Mays and Raymond Benzino-Scott,

0:38

and The Source magazine itself.

0:41

And through our reporting, we couldn't help but

0:43

hear the similarities between Kim's case

0:46

and the stories that were all over the news

0:48

during the height of the Me Too movement in 2017.

0:52

The biggest difference

0:53

was Kim was taking on hip-hop

0:55

years before that movement.

0:57

But then, on an

1:00

early afternoon in March, as we were putting the final

1:02

touches on it, this story

1:04

took a turn. Hey team, I just

1:06

received this notice from Dave Mays' lawyer

1:09

about a cease and desist order they're issuing to Kim,

1:11

saying she violated the terms of her settlement

1:14

agreement. I haven't read it in depth yet,

1:16

but I wanted to share it immediately. That's

1:19

the email my producer Sam J. Leeds sent the team. Dave

1:22

Mays

1:22

was telling us, via a lawyer, he

1:25

would potentially

1:26

sue Kim. Sam,

1:29

I'm not gonna lie, when you told me about

1:31

this email, my stomach dropped. What

1:33

was your first reaction? You

1:36

know, honestly, I actually didn't think that

1:38

the email was real. I thought

1:40

it might be spam. But then I took

1:42

a second look at the subject line and I saw Kim's name

1:44

in it. And I was like, ah, damn.

1:47

Yeah, I mean,

1:49

we've been working on this story for over a year. And

1:52

we fact checked this episode under

1:54

a microscope. Yeah, we really did.

1:57

And as a final step, like, you

1:59

know. all journalists do. I

2:02

decided to reach out to the former

2:04

co-owners of the source for comment on

2:06

the story months before it was set

2:08

to drop.

2:09

And Sid, I will never forget

2:12

getting that DM from one of the guys Kim

2:14

had sued. Oh my gosh. No,

2:16

you got to read it. You got to read it. Full it out. All right. All

2:19

right. So we started off by emailing

2:21

Benzino multiple times for comment.

2:23

We never got a response.

2:25

So we were like, all right, what if we try DMing

2:27

him on Twitter?

2:28

And journalism. Yeah. You

2:30

know, got to try all your avenues. And

2:34

he got back to us on Twitter and

2:36

the DM came through.

2:37

It has his little photo

2:40

with him in a hot tub shirtless. He's got his arm

2:42

propped up on the lip of the hot tub and he's like mean mugging

2:44

the camera with some sunglasses

2:47

on. And the contents of

2:49

the DM was just, is there a check

2:51

involved? Question mark. Right.

2:53

One line. And he wouldn't agree

2:56

to participate unless there was. And

2:58

y'all should know NPR does not pay

3:00

for interviews. Right. And as

3:02

for the other co-owner, Dave

3:05

Mays, we reached out to him back

3:08

at the end of last year and

3:10

never heard anything back and reached

3:12

out again, never heard anything back.

3:14

And then about six weeks before the

3:16

story was set to drop, we got CC'd on

3:19

that season desist from his lawyer. Yeah.

3:22

They were saying if she violated her settlement

3:24

agreement or defamed Dave, they'd

3:26

sue her. That's

3:28

why my stomach dropped. Because with

3:30

a scare tactic like

3:31

this of a season desist being deployed,

3:34

we knew from then on it was a possibility that

3:37

Kim could pull out of the story. Because

3:39

whether they have a legitimate claim or not, just

3:42

the threat of filing a lawsuit can

3:44

intimidate someone. There

3:47

wasn't really much we could do except

3:49

for just keep working on the story and

3:51

see how it all played

3:52

out. And then at the literal

3:54

12th hour, we got another email,

3:57

a new one. And it had one

3:59

of one of those little red exclamation points on it.

4:02

It really caught my eye when it first came through my inbox. Ugh,

4:05

yeah. And this time, the email

4:07

said that they had spoken to Kim and

4:10

that she wouldn't want NPR to feature her

4:12

interview. Yeah. And

4:15

so, we checked with Kim ourselves,

4:18

and ultimately, she decided she didn't

4:20

want to risk getting dragged into another costly,

4:23

lengthy lawsuit. She requested

4:25

that we pull all of her interviews from this story.

4:29

And that's what we did. Because

4:31

from

4:31

jump, we always agreed if we had

4:33

to choose between our sources'

4:34

safety and the story, we'd

4:37

choose their safety. So

4:39

you're

4:40

not going to hear Kim's actual voice

4:42

in this episode

4:43

at all. But

4:45

we're still going to tell this story.

4:48

Yeah, so what you are going to hear is

4:50

the court transcripts, the archival

4:53

footage, the many, many interviews

4:55

that we've done,

4:56

and Sid, you're also going to be reading a little

4:58

bit from Kim's book, because we do have

5:01

her words as she's written them. What

5:03

you're going to hear in this episode

5:05

and what went down while we made it,

5:07

it makes it even more clear why hip hop

5:09

still hasn't had a me too reckoning.

5:13

Let's get into it. Let's do it. I'm

5:22

Sydney Madden. I'm Rodney Carmichael.

5:26

And from NPR Music, this is Louder Than a Riot.

5:30

Where we confront the double standard, that's

5:32

become the standard. On every episode

5:34

this season, we tackle one unwritten rule

5:37

of hip hop that affects the most marginalized

5:39

among us and holds the entire culture

5:41

back. And one that a new generation

5:43

of rap refuses to stand for. With

5:47

one court case, Kim not only changed

5:50

the trajectory of her career, she

5:52

put a whole industry on notice.

5:54

And by the time the source was hip hop's

5:56

gold standard

5:58

in journalism. and

6:00

many other women dealt with behind the scenes

6:02

at the source, it was a standard far

6:04

from gold. And when Kim decided to speak

6:07

up about it, she learned just

6:09

how grimy things could get. On

6:12

this episode, we take you through a case that

6:14

predates the Me Too movement to show

6:17

why hip-hop was never really part of it. And

6:20

we tap in with advocates who continue to fight for

6:22

one, because whether it's in the courtroom

6:24

or the community, there's

6:26

still structures in place that

6:29

show it's safer to keep quiet. On

6:31

this episode, rule number five, if

6:34

you see something, say nothing.

6:48

What did you know about the source before Kim

6:50

started working there? So before Kim

6:52

started working there, I just knew it as, you

6:54

know, one of the magazines, you know,

6:57

the Bible, if you will, for hip-hop.

7:00

Tia Bowman is Kim Osorio's best friend.

7:02

She has been for decades. Both New

7:05

York natives, the two of them became friends

7:07

back in law school. Tia's her ride

7:09

or die, even before Kim's source

7:11

days. And like Kim, Tia's

7:14

a huge hip-hop fan. I mean, it was double

7:16

XL, but, you know, it's never,

7:19

in my mind, was on the same level as

7:21

the source.

7:23

The source just had this, like, to the

7:25

streets, like, truth about it, this grit about

7:27

it. It set the standard. Man,

7:29

listen, Tia ain't lying. It

7:31

cannot be overstated how big the

7:34

source was to hip-hop. The source magazine,

7:36

home of hip-hop music, culture, and politics.

7:39

I don't need to look for shit.

7:42

Everybody be real in that noise. Source is number

7:44

one on the right. If you ain't got it, you ought to get it.

7:46

We're talking 90s to early 2000s source, when

7:50

it was the ultimate in hip-hop journalism. It

7:52

didn't just capture the biggest moments of the culture. It

7:55

set the tone.

7:56

Yeah, and no one rapper was bigger

7:58

than the source. That's because the source made it. I mean,

8:01

even Puppy signed Biggie after Maddie C. wrote

8:03

him up in the magazine's unsigned hype section. Mm-hmm. Right. It

8:06

was a publication that respected the art of hip-hop

8:09

and wrote about it with prestige. I had a friend

8:11

who had every issue, and I would go to his house

8:13

and read it 10 times in a row just

8:16

to remember the writing. The

8:18

source. It's the truth. Whatever you see in the

8:20

sources is what's happening.

8:23

It's what's hot. It's what it is. The

8:25

emergence of

8:25

the source, you know, that's

8:28

really what solidifies culture. You

8:30

have to have something to document it in. And

8:32

the source did it, did it really, really, really

8:34

well. One of the best ways they did that

8:37

was with the record report, the sources album

8:39

review section. Now, this was the ultimate

8:41

in hip-hop tastemaking. And if you were skilled

8:44

enough to cop a 5-mic review, you had an instant classic

8:46

on your hands.

8:47

The source got so big, they threw

8:49

their own source awards.

8:51

And now people all over the

8:53

world, it's

8:55

the source, hip-hop musical board. The

8:59

rap community is very diverse, and

9:01

that is being represented here at the source awards.

9:04

I think the source is right on the money. Call

9:06

right now and get a year subscription for only $19.95.

9:09

You knew what time it was from the first issue of the source. We

9:11

knew it was going to blow. Yeah,

9:13

the source was the hip-hop Bible. If you wanted

9:16

to cover the culture, this is where

9:18

you wanted to be. Now, see,

9:20

I know you spent a lot of time talking to people who came

9:22

through the source back in the day. Mm-hmm. And

9:25

I started with Aaliyah King-Neil.

9:27

Before I get to the source, I have

9:29

this vision that it's like, I

9:31

don't know if the term ghetto fabulous is a thing

9:33

yet at this time, probably. But that's

9:36

what I'm thinking. Back

9:38

in the late 90s, the source was

9:40

Aaliyah's dream job. Walking in

9:42

on her first day, she was hyped. I

9:44

don't have to tap into that memory

9:46

because I remember that moment,

9:50

like it was literally this morning.

9:53

The source at this time was

9:55

organized with cubicles

9:57

and... offices

10:00

that lined Park Avenue South.

10:03

The cubicles were known as the projects because

10:05

it's just all these personalities and all these people

10:08

crammed together, trying to get out. So

10:11

I'm in the projects. The main thing

10:13

I can see or hear is just

10:14

noise. It

10:18

was just so loud and

10:20

so raucous and

10:22

so, like I could barely

10:25

think when I sat down to start getting

10:27

myself together. I was just like,

10:30

why doesn't anybody use headphones? Like, why

10:33

is everyone playing their boombox at

10:36

maximum level when you're sitting

10:38

next to somebody else playing it? I just

10:40

didn't understand. And it was all different songs?

10:43

All different songs.

10:45

Behind me is Gotti with Supreme

10:47

Fine Tell, Eminem's stand, 20

10:50

times in a row. Our

10:53

West Coast editor playing anything

10:56

West Coast.

10:59

Y'all were two of the only

11:02

women on the floor in the room. No,

11:06

there were lots of women on the floor. In the music

11:08

department, it was just us.

11:10

And with it being just them two, Aaliyah

11:13

and Mitchie wasn't exactly happy to see

11:15

Kim on that first day.

11:17

I have to say that when I first met Kim, I was not

11:19

feeling her. I felt very threatened.

11:22

I was very nervous and I was the only woman

11:24

in the music department and

11:26

I just was concerned. Is she coming

11:28

here to try to get my job? When she came,

11:31

somebody parked her at my desk. Just

11:33

sit here, Aaliyah's traveling for a story. Just sit here,

11:35

we'll get you together. I had come back early. I

11:38

come in and this person is at my desk.

11:40

And I could tell within three seconds

11:43

that she was powerful

11:46

and that she was dope, just like me. We

11:50

both looked at each other like, oh, this bitch. We

11:52

just know, you know when somebody is

11:54

on your level. But after Aaliyah got

11:57

over that initial competitiveness, her

11:59

and Kim got cool. Being the only

12:01

women in the music department was part of what bonded

12:03

them.

12:04

They figured out how to navigate this office together. Of

12:06

course I can only speak on myself, you

12:08

know, and Kim as well, because we had two different forms

12:11

of that, is needing

12:13

to be non-threatening.

12:18

For Aaliyah,

12:19

the strategy was to hide in plain sight.

12:21

Backpack, baggy pants, tims.

12:24

I can't look like a guy, obviously,

12:27

but I'm trying to be as tomboyish

12:30

as I can. It's as deep as

12:32

rounded shoulders when I'm not a

12:34

rounded shoulders person. I'm a back straight

12:37

up person. So I give off this

12:39

aura of non-threatening,

12:42

still cute,

12:44

and dressed down, and

12:46

quiet. Just be quiet,

12:49

you know? So you thought you had to be cute but not

12:51

too cute. Correct. And not sexy.

12:54

Definitely not sexy. Because why? Because

12:56

you would just stand out. You would just look

12:59

weird.

13:02

But no matter how Aaliyah tried not to stand out,

13:05

she couldn't always hide. Some

13:07

men in the office were just always trying to overstep.

13:10

There's this one person, I want

13:12

to say, not in the music department,

13:15

who I had to get to sign off on paperwork

13:17

sometimes. And his

13:19

desk was a couple offices away

13:22

from where I sat in the projects. I

13:24

learned really quickly that you don't want to

13:27

be alone in the office with him.

13:30

His hands were, he was a little touchy-feely.

13:32

He was a little reaching

13:35

in for a kiss and all kinds of stuff. And

13:37

I was like, ooh, I don't like this. So

13:39

my first step was to make sure that I

13:42

left the door open when I came in. My

13:44

second step was to take a buddy. Take

13:47

one of my friends and be like, I got to go to someone's social office. Can

13:49

you please come with me? My third

13:51

thing was, hey, I got

13:53

to go to Jude's office

13:56

in two minutes. If you

13:58

don't see me coming back to my office... Come

14:00

get me. As

14:03

time went on, Kim and Aaliyah would learn, the

14:06

environment at the source was overall

14:08

foul. It was everywhere. Men

14:11

would slap women's butts, buy

14:13

inappropriate gifts for them, they'd

14:16

tack pictures of porn to their cubicles, and

14:19

even watch porn in the office. Sexism

14:21

at the source was the norm. And

14:24

it wasn't a secret. It wasn't even

14:26

seen as bad, especially by

14:28

management. Because in reality,

14:32

it was top-down.

14:38

If it's a boys club, and it's

14:41

smack and girl butts in the office, if

14:43

it's all this happening, where

14:46

did that start? If it's intense,

14:49

were the people intense when they came?

14:51

Or did it become an intense environment once

14:53

they got there? That I'm not

14:56

sure of.

14:57

How does this environment happen? Who

14:59

was in charge of the boys club?

15:01

Well, at the source, it was

15:03

the two co-owners, Dave Mays.

15:06

We did it the right way, you know what I mean? We kept

15:09

it street, kept it real, kept it hip-hop.

15:12

We didn't answer nobody. We owned

15:14

and controlled our own thing. And Raymond Scott, AKA Ben Zino.

15:15

Dysfunctional,

15:20

as it may have seemed. The relationship

15:23

between me and Dave and how it was was kind of made

15:25

the source what it was. Dave being from college, I'm

15:27

being from the streets. It just came from two perspectives,

15:30

and that's how we ran the magazine.

15:32

That's the two of them on drink jams back in 2020. When

15:35

Ray says they had two different perspectives,

15:38

he's definitely right.

15:39

Standing next to each other, they even look

15:41

like polar opposites. Dave,

15:44

a white Jewish guy with a short slick back

15:46

cut and a quiet presence. And

15:48

Ray, a light-skinned black guy with

15:50

arms full of tattoos and a boisterous

15:52

loud mouth. The source

15:54

actually started as a newsletter out of Dave's

15:57

Harvard dorm room in 1988. After

16:00

staff shakeups along the way, Benzino

16:02

was brought in. Or forced

16:04

his way in, depending on who you ask.

16:07

As a partner to give the mag more street

16:09

credibility.

16:10

Ray took that power and he ran with it.

16:13

Dave was almost at Benzino's

16:15

mercy. It seemed like Dave

16:18

was almost in

16:20

an unenviable position. He

16:22

was the guy who had to carry out Benzino's

16:25

will, as it related to the

16:27

source at least. That's Kari Turner,

16:30

a former freelancer for the source. He could be

16:32

erratic, he could be combative.

16:34

He wanted to be seen as creative.

16:37

He wanted to be respected as an MC. But

16:40

that sometimes the combative side

16:42

and the hard edge outshone

16:45

his talent as an artist. Reputation

16:47

wise, he was a street cat. He was hard and

16:50

he had a large crew. And

16:52

Benzino was not a code switcher. In

16:54

hip hop as an artist, it was appropriate. But

16:57

in the source, it wasn't always appropriate.

16:59

Aaliyah remembers one specific time

17:01

that Benzino tried to flex his power. So

17:03

Ray comes out with a stack of

17:06

checks. And I was like, well, this is unusual.

17:09

Like, why do you have the checks? But okay, fine,

17:11

just give me my check. He has a stack of the checks

17:13

and he has a stack of CDs of his

17:15

new CD.

17:17

So he puts your check

17:19

on your desk and then he takes the CD

17:21

and puts it on top of your check and gives

17:23

you a look like, don't forget where

17:25

this check is coming from.

17:27

All this was the culture Kim was dealing with too.

17:30

But she figured out a way to work with Ray and Dave.

17:33

And at one point, she even considered her relationship with Ray

17:35

friendly.

17:36

To keep it that way, she had to ignore

17:38

how Ray was treating other women in the office.

17:41

But you know what? Despite all this, she

17:44

was killing it at the mag. And

17:46

she was having fun.

17:49

I went to so many interviews with her,

17:51

like so many people. Kim's best friend

17:54

Tia was definitely enjoying the perks

17:56

of Kim's success. She interviewed Destiny's

17:59

child in the Hilton.

17:59

hotel on 7th Avenue in

18:02

Manhattan and we were in a little single

18:04

room with two twin beds and

18:06

so all four Destiny's Child

18:09

members were there and Kim and I, so we were

18:11

all in very close space

18:12

because it was a small hotel

18:14

room. Right, right. And you were

18:16

her writer that every step of the way you were always like her

18:18

plus one? Always her plus

18:20

one, you know, always her, let

18:22

me run it by Tia. Between 2000

18:26

and 2002, Kim landed

18:28

interviews and cover stories with

18:30

the likes of Snoop Dogg, Trick Daddy,

18:32

Trina, Wu-Tang Clan, Lil

18:35

Kim, Foxy Brown, and more. It

18:38

was Kim who was responsible for writing Nas's 5-mic

18:40

review on Stillmatic. It was Kim

18:42

who brokered the Jay-Z and Rockefeller cover.

18:46

In early 2002, after all this

18:48

work, Dave and Ray offered Kim

18:50

the position of editor-in-chief. It

18:52

was huge. She was the first female

18:55

editor-in-chief and it

18:57

was The Source magazine. You

19:00

know, this is a huge big deal in

19:02

anybody's career and then

19:05

her being a female from

19:07

the Bronx, you know, out here doing

19:09

this on her own, this was

19:11

a phenomenal achievement.

19:14

It may have been a big achievement,

19:16

but Ray and Dave weren't going to make it easy.

19:19

In Kim's book, she writes that after initially

19:21

telling her she got the job, they made her wait

19:23

eight months before officially announcing it and

19:26

they were making her do the work the whole time without

19:28

the title. She didn't let that

19:30

stop her though because she had a vision for

19:32

the mag.

19:33

She wanted to get more enterprise reporting into the pages,

19:36

like a freelance story by Khari about

19:38

rape culture and hip-hop. I wanted to give

19:41

the culture an opportunity to take an honest look

19:43

at itself. I wanted to use my platform

19:45

and my position as a writer to advance that

19:47

conversation, to give artists

19:50

and executives an opportunity

19:52

to comment on it.

19:53

She responded really favorably when

19:56

I pitched the story to her. She told me

19:58

up front, you know, I think it's a great idea. I would love

20:00

to do it. Let's see if we

20:02

can make it happen.

20:03

Cam was with it.

20:05

Rain, Dave, not so much.

20:07

I think their response was

20:09

that nobody wanted to read about that.

20:11

I felt that

20:13

any man asked to support such

20:15

a story

20:16

meant that the

20:17

answer could be no.

20:19

Because men's perspective on

20:22

rape and rape culture

20:23

can sometimes be like

20:25

white people's perspectives on black

20:28

life. According to Kim's book,

20:31

they told her, quote, niggas ain't trying to

20:33

hear all that. They want to fuck. And

20:35

that the story was, quote, woman shit.

20:38

If your response is, is women shit, well,

20:41

how do you feel about that women shit?

20:43

Ray and Dave's opinions on women shit went

20:45

beyond that story. One

20:47

time, another male executive in the office told

20:50

Kim that because she was a woman, Ray

20:52

and Dave thought she was, quote, too weak-minded

20:55

to stay EIC. They

20:57

weren't just saying it behind her back either.

20:59

Benzino told Kim repeatedly

21:02

he, quote, needed a man

21:04

to do her job. The

21:06

long hours, the boys' club,

21:09

the office politics, it

21:11

was starting to wear on Kim. And

21:13

on top of all that, Ray started

21:16

pressing her. Pretty soon after

21:18

she got the EIC title, Ray

21:20

started talking to her about his sex life. And

21:22

asking about hers, he would

21:24

not let up. This wasn't

21:27

unusual for Benzino when it came to other women on

21:29

staff,

21:29

but it was new for Kim. He

21:32

was especially obsessed with who in

21:34

the industry she was sleeping with. And

21:37

he would ask her again and again and again.

21:41

Kim details this in her book. Let

21:43

me just read from it. Quote, come

21:46

on, Kim. Why don't you tell me who you slept

21:48

with? I already know. Just

21:50

tell me. Admit it. It's not

21:52

that I was ashamed to tell Ray whom I'd been

21:55

with. It was that I knew exactly

21:57

what he wanted to know. I

22:01

knew that he would use it against me. Kim

22:03

tried to dodge these questions, but

22:05

he only got more persistent. And

22:08

according to her, one late night as they

22:10

were leaving the office, Rae got

22:12

way out of pocket. They

22:14

were in an elevator together, when Rae said, quote, why

22:18

don't you come out to Atlantic City with me? We'll

22:20

have a good time. Atlantic

22:22

City? For what? Come

22:25

on, think about it. We can have fun. Don't

22:28

you think we would make a good couple? Couple?

22:32

We would be the king and queen of the source. I

22:35

was running out of ways to be nice as we

22:37

made our way out the elevator. Come

22:40

on, I got a room in Atlantic City. You could

22:43

stay with me. I'm not going

22:45

to Atlantic City with you. As

22:47

the elevator dinged open, Kim

22:49

thought it was over.

22:52

But Rae didn't leave it there.

22:54

Kim says she never gave him her home number, but

22:57

later that night, he called her repeatedly

22:59

at home, 10 times on her

23:01

cell and five times on the house phone,

23:04

trying to convince her to change her mind. And

23:07

from what he did next, it was

23:09

clear Rae did not like to be told no. If

23:12

he couldn't have Kim, then she couldn't have

23:14

her privacy. Kim

23:16

got word that he started spreading her business all

23:18

around town, saying that she

23:20

was sleeping with rappers. She

23:23

writes, I wasn't surprised that both Rae

23:25

and Dave have been talking behind my back. I've

23:27

spoken to former male editors of the magazine

23:30

who were never asked the same questions. So

23:33

why was my situation so different?

23:35

Why the fuck are they so obsessed with my sex

23:37

life? Kim had put up with

23:40

a lot for her love of hip hop, but

23:42

she was reaching her breaking point. She

23:45

met with a lawyer who listened to her situation

23:48

and told her to file a complaint with human resources.

23:51

The lawyer told her, they can't fire you

23:53

for complaining, but she was still

23:55

nervous. Kim knew it

23:58

might've been against the law for them to do. But

24:00

she writes, the source didn't always follow

24:02

the letter of the law anyway. I remember

24:04

us talking about this because she was going to lose her

24:07

job. She thought she was going to be blackballed in the

24:09

industry because she's

24:11

making this sort of

24:13

accusation. On the night of February 23, 2005,

24:18

just like when Kim first got offered the Editor-in-Chief

24:20

job,

24:21

she called up Tia.

24:23

She was scared to do it.

24:26

And she'll tell you sometimes, like, I bully

24:28

her into things. It's like, but I'm not bullying her. Like,

24:30

I'm giving her. I'm

24:32

pushing her in a direction that I know she wants

24:35

to go, but she's sometimes,

24:37

you know, nervous to do it. Kim needed

24:39

Tia's help writing an HR complaint. One

24:42

that would make it all official.

24:44

We were choosing

24:46

the sentence structure and

24:48

the words

24:50

very purposefully

24:53

and concisely.

24:56

The email was short and to the point. As

24:59

the head of human resources, I am notifying

25:01

you that I have been discriminated against on the basis

25:04

of my gender. This unlawful discrimination

25:07

must come to an end.

25:09

Once you hit send, there's no coming back. She

25:11

knew it.

25:12

Kim hit send. And

25:15

after that, all she could

25:17

do was wait.

25:26

I heard about it just, you know,

25:29

I guess in the news or whatever. And my first thought was, why? Like,

25:33

why? Why are you doing this? Aaliyah

25:36

had already left the source when she first

25:38

heard about a

25:39

lawsuit involving her former employer and

25:41

her friend Kim. Because in my mind, you know,

25:43

you got to get thrown out of a window to

25:46

want to file a lawsuit. Because

25:48

we were all so trained

25:49

to think, if it's just a lawsuit, you know, you're

25:51

going to have to get thrown out of a window to want to

25:54

file a lawsuit. I mean, to think,

25:56

if it's just this, then

25:58

it's okay. Just deal with it.

26:00

As sad as it is, my first thought was, was

26:02

it really that deep? Whatever

26:04

happened, was it that deep that you now want to go through a whole

26:06

thing? I want to make it clear that I'm

26:08

talking about my 25-year-old self

26:10

and I'm 50. Right. And the internalized misogyny

26:13

that we all carry with us. Exactly. And so

26:15

if you're a woman in hip-hop,

26:17

if you're not ready to accept a certain amount of misogyny,

26:20

you need to go someplace. You need to just go listen

26:22

to hip-hop in your room. There's not a

26:24

single woman in this industry in hip-hop

26:27

who can say, I never had to deal with any

26:30

of this stuff. And if I did, I always did.

26:32

X, Y, Z. No, you didn't. You had to deal

26:34

with it and you didn't always do something about it.

26:36

None of us. Absolutely

26:39

none of us. So my

26:41

thought was, is this what it had to be? Aliyah's

26:44

first thought wasn't wrong. After

26:46

sending that HR complaint in February 2005, Kim

26:49

didn't hear anything. It was crickets

26:52

for two weeks until

26:55

she got a call from Ray and Dave cursing

26:57

at her.

26:58

They wanted her to retract her complaint.

27:01

She refused. So

27:04

they fired her. And just

27:06

like that,

27:07

Kim's time at the source,

27:09

her dream job was over. In

27:12

her book,

27:13

she writes that she was jilted,

27:15

angry, but also prepared.

27:19

A lawsuit was my next step. I

27:21

knew it wouldn't be easy, but in the end,

27:24

it was a step I had to take.

27:26

Not for monetary recovery,

27:28

but because of principle.

27:30

In April 2005, Kim filed

27:31

a complaint with the Equal Employment Opportunity

27:34

Commission. Then she filed

27:36

a suit that Aliyah had heard about

27:38

against the source,

27:40

Dave and Ray.

27:42

Kim was suing them for workplace sexual harassment,

27:45

gender-based discrimination, and

27:47

retaliation. Aliyah

27:49

was worried for Kim about how ugly the trial

27:52

might get. I remember asking her, like,

27:54

what if they bring up,

27:56

like, dudes or, like,

27:59

relationships? She

28:01

was like, what they gonna say? I don't

28:03

have what? They gonna talk shit about me. They gonna talk about

28:05

who I had sex with. They gonna talk about, you know, what I did here, what

28:08

I did there. That's fine. I

28:10

can take that.

28:11

And if it means that you feel more comfortable, good.

28:13

And, you know, for me

28:15

at that time, I would

28:17

have just been horrified to have my

28:20

business in the street. But, you know, I knew

28:22

she did her homework. I knew she

28:24

was prepared. And I knew that if

28:26

she did it, she was ready to do it. Aliyah

28:28

had reason to be worried, though, because

28:30

as soon as the suit went public,

28:33

they did drag Kim's name through the mud.

28:36

In a radio interview, Ray said she

28:38

was incompetent, a slut, and

28:40

liked the fast lifestyle.

28:42

In a written interview with AllHipHop.com, Dave

28:45

said, quote, it is a fact that

28:47

Ms. Osorio had sexual relations with a

28:49

number of high-profile rap artists during

28:52

her employment as editor-in-chief.

28:54

Because of all this talk, Kim added

28:56

a defamation claim onto the suit.

28:59

Now, on top of all this mess, or

29:02

maybe because of it, no one

29:04

would give Kim a job.

29:06

She was out of work for eight months.

29:08

Just as she predicted,

29:10

she was getting blackballed by the industry.

29:12

There's

29:12

a woman in this business, they don't really

29:14

care about how good you are at your

29:16

job. All they cared about was, who does she

29:18

sleep with?

29:19

There was one person willing to give her a chance.

29:22

A VP at BET. Rhonda

29:25

Cowan. They would define you by

29:27

people that you dated, people that you slept

29:29

with, people they thought you slept with. They

29:32

would make it up if it wasn't true.

29:33

Rhonda had been in the business longer than Kim,

29:35

so she knew what it was. To

29:38

her, Kim's situation wasn't nothing new. She

29:41

offered Kim the job. I took a chance. I knew

29:43

that she knew music and she was good, so I convinced

29:45

my boss to give her a try. She

29:48

could learn how to work

29:50

with all the technology,

29:52

but you can't learn the music. One of

29:54

Kim's first assignments at BET had

29:56

her flying down to Miami

29:58

to do an interview at a boat park.

30:02

Irv Gotti, head of Murder Inc.,

30:05

had just gotten acquitted of money laundering and

30:07

Rhonda knew Kim had an in. Kim had

30:10

a relationship with Irv. She knew him and he trusted

30:12

her.

30:12

So she reached out.

30:14

He agreed to do an interview. And something told

30:17

me that Kim might need security

30:19

because I had a feeling that

30:22

Benzino might be there. We get on the boat

30:24

and we are having a conversation

30:27

and all of a sudden I see Kim's face

30:29

change. She went from animated

30:31

talking to like, you could see the

30:33

energy just drain out of her.

30:37

Benzino walks up and he just kind

30:39

of is like, oh, what's up, Kim? And

30:41

he made a comment like, oh, you got security

30:44

or whatever. Now it's a thing. The security

30:46

guy looked and he like, what's up? That's

30:49

when Benzino started to pick a fight with security.

30:52

Now it's like a whole like man

30:54

thing. So I remember

30:58

Benzino walking away, me walking

31:00

behind him and saying, what is going on? Like

31:02

what are you doing right now? And

31:04

them asking us to leave the boat and

31:06

Benzino still yelling and screaming. So we

31:09

know we left.

31:13

And by we, Rhonda means her,

31:16

Kim, their camera crew

31:18

and the bodyguard had to get off the boat.

31:21

Benzino was allowed to stay.

31:23

What do you think it says that Y'all were asked

31:26

to leave the boat and not Benzino, the one who started

31:28

the... I mean, here's

31:30

the thing again, here's the boys club, right? So

31:33

he's not going to ask his mans and them to leave.

31:35

He's going to ask us.

31:36

What did that interaction tell

31:38

you about the environment she was coming from?

31:41

Benzino, why are you here in her face? Do

31:43

you want to go to jail next? Like what's happening? What's

31:46

going to happen? You know what I mean? I didn't

31:48

know. I just felt, I always felt she was unsafe.

31:50

Getting up to the trial, this

31:52

was the type of tension Kim was dealing with.

31:55

On October 11, 2006, the trial finally started.

31:59

took place at New York's Southern District

32:02

Courthouse in Lower Manhattan. Our

32:05

team looked through hundreds of pages of trial transcripts,

32:08

and there was a lot that came out in court about

32:11

Ray, Dave, and the culture

32:13

at the source. Witnesses

32:15

testified under oath to pretty much everything we'd

32:17

heard from Aliyah, Khari,

32:19

and what we read in Kim's book.

32:22

But witnesses also revealed a whole lot

32:24

more going on. Here's just

32:26

some. Ray touched women in the

32:28

office inappropriately, went in for hugs, touched

32:30

shoulders, was handsy with the most junior staffers.

32:33

Ray snapped the underwear of a woman staffer in the

32:35

presence of Dave, and Dave did nothing about

32:37

it. Just left the room. Ray watched porn

32:39

in the office mail. The HR rep for the source ignored

32:41

multiple complaints, and even referred to her own dynamic

32:44

with Ray as being, quote, like Ike

32:46

and Tina Turner. And

32:48

all this didn't even include acts where Kim

32:51

was the target.

32:52

Every time Kim's lawyer brought up something

32:54

to show how bad the environment at the source was,

32:57

how bad Ray and Dave's behavior was, the

33:00

defense threw it back on Kim,

33:02

specifically her love of hip-hop.

33:04

Like, what did you expect?

33:06

We had some of the louder

33:08

team members read transcripts of an example

33:10

in office where Ray said

33:12

in front of Kim

33:14

that a female artist they put on the cover had

33:16

a, quote, fat pussy. Mrs.

33:18

Osorio, you've listened to hip-hop

33:21

uncensored, correct? Yes.

33:23

You consider yourself an expert at hip-hop,

33:26

right? Yeah, yes.

33:28

Ray's lawyer asked Kim if she's familiar

33:31

with Jackie O's album, Poe Lil Rich

33:33

Girl. Do you recall the song which was called

33:36

Pussy Real Good? Yes. And

33:38

Pussy Real Good was profiled in the source magazine

33:40

when you were editor-in-chief, correct? I

33:43

believe Jackie O was profiled in the story.

33:45

See, the corner they're trying to back

33:48

Kim into is how could she be offended

33:50

by this word if she wrote positively about a song

33:52

that uses it? This is what we call DARVO, D-A-R-V-O.

33:57

This is Erika Vladimir.

33:59

She's a lawyer. advocate for reforming

34:01

sexual harassment law in the state of New York. And

34:04

this is a tactic that is used

34:07

most often in cases of

34:10

sexual abuse or sexual harassment by

34:13

the alleged perpetrator,

34:15

where they deny the

34:18

accusations, they attack

34:21

the victim, and then they reverse

34:24

the victim and offender. That's

34:26

the RVO of it. In

34:29

practice, it looks like the alleged

34:31

offender flipping the script

34:35

and claiming that it's actually the victim

34:37

who's the person who created harm.

34:41

Kim being able to do her job despite the

34:43

work environment was also used against

34:45

her. It's called the Severe

34:48

or Pervasive Standard. And

34:50

basically, this meant that Kim had

34:52

to show that in

34:56

her work environment, it was so

34:58

the hostility of the work

35:00

environment was so

35:02

severe in one

35:05

instance, or so pervasive

35:08

over a number of instances,

35:10

that

35:11

it interfered with her ability

35:13

to complete her job, to

35:16

succeed in taking on her

35:18

job responsibilities. This

35:20

standard Erica's talking about makes

35:23

it extremely hard to win harassment cases.

35:26

So if Kim was still getting magazine

35:29

covers, still hitting it out of the park in her

35:31

job, yeah, that could essentially work against

35:33

her. It's also a big reason why so few

35:35

sexual harassment cases even make it to trial.

35:38

It solidifies the fact that the Severe

35:41

Pervasive Standard is such

35:43

an insurmountable hurdle for

35:46

people who are harmed to be able

35:48

to overcome. Because of the Severe

35:50

Pervasive Standard, Erica says

35:52

no matter what industry, a certain

35:55

level of harassment is legally allowed

35:57

in the workplace. And regardless

35:59

of the law,

35:59

Lots of people just see it as

36:02

normal. When you're in

36:04

front of a jury of your peers, this

36:07

is a cohort of

36:09

people who have ingrained

36:11

in their heads that this

36:14

is standard. That we should have to deal

36:16

with ass grabs

36:19

and being cursed at, and

36:22

being hit on constantly, and followed

36:24

down a hallway and begged to come to

36:27

Atlantic City, and be fearful

36:29

that if we don't say yes to any

36:31

of the above, that we are

36:33

suddenly going to lose our jobs. That's

36:36

still the case.

36:38

It's not just ingrained in the legal

36:40

system. It's been normalized in

36:42

hip-hop forever. So for people who

36:44

knew both these worlds intimately,

36:47

watching the trial go down

36:49

was twice as nerve-wracking. It was certainly a

36:51

big deal, and it was— I remember feeling

36:53

a little bit— I guess scary

36:55

is the— It felt a little bit scary. That's Serana

36:57

Burke, organizer, activist,

37:00

and teacher. As a lover of hip-hop

37:02

born in the BX in the 70s, just

37:05

like him, she knew the double-edged

37:07

sword of loving this culture. You

37:09

know, loving Biggie, and you

37:11

will be in the midst of loving the song,

37:14

getting into the song, and then they just drop these lines

37:16

out of nowhere, and it's just like you hate us,

37:19

and we have to live with that.

37:22

You know, I like him young, fresh, and

37:23

green, with no hair in between, no whatever.

37:26

No, she ain't the strong, no

37:28

nothing wrong. Biggie, what am

37:30

I supposed to make of that line? That

37:33

is the heartbreak

37:35

of being a woman who loves hip-hop.

37:38

Because of that heartbreak, Serana

37:40

knew how complicated it was to call out hip-hop,

37:42

like Kim was doing. Like, I hope

37:45

she comes out of this with her career

37:48

and doesn't get, you know, damage

37:50

from this. Hip-hop is a powerful

37:53

industry, and

37:54

men have a lot of

37:56

power inside of this industry, and...

38:00

I'm sure they have tried to wipe her out.

38:02

While Serana was following Kim's gaze, hoping

38:04

she'd make it through, there were other women

38:06

watching who low-key felt like

38:08

Kim was getting what she deserved. The reality

38:11

is that most women in

38:13

the culture did not like and

38:15

did not want to work with Kim Osorio. This

38:18

is Rosa Clemente.

38:19

She's an activist in the hip-hop feminist space

38:22

and a freelance journalist too.

38:24

And Rosa was no stranger to interrogating the culture.

38:27

The way she remembers it,

38:28

Kim had a reputation outside of the source.

38:31

And it wasn't the one the tabloids were talking about.

38:33

To Rosa and her people, Kim only covered

38:36

big money rappers.

38:37

She wasn't down for the cause.

38:39

There were incidences where

38:42

we were fighting to get these

38:45

really amazing hip-hop

38:47

lyricists that were also very politically

38:49

minded. And many of them were also

38:52

organizers in their own right. And

38:55

she refused to ever

38:56

put these people on the cover. So

39:01

she was not someone that

39:03

we as hip-hop women and feminists

39:05

really got along

39:08

with. Okay, what Rosa's saying here

39:11

is an essential distinction.

39:13

I kind of think of it as the dichotomy of

39:15

Kim's power in all this.

39:18

Because as we've heard from her peers and

39:20

right between the lines,

39:22

Kim did uphold some of the boys' club culture

39:24

herself when it was the cost of getting things

39:26

done. There were definitely times

39:28

when she looked the other way.

39:30

But remember, if you saw

39:32

or experienced anything,

39:35

the rule was to keep quiet about it.

39:37

See something, say nothing.

39:40

And with the soup, it was a rule

39:43

Kim broke.

39:44

And then I kind of began to see her

39:46

in a different light, like, damn, what would

39:48

it be like to work at the source? I knew

39:50

a lot of people. I knew the editors. I

39:52

knew people in the past. And I

39:55

just thought to myself, at

39:57

the end of the day, she was threatened like

39:59

this.

39:59

and we're dealing with all this misogyny and

40:02

patriarchy, but also a lot of these

40:04

guys were like physically threatened

40:06

they would run up on us if they didn't like

40:09

something we said or wrote. Like what

40:11

we're fighting for is for all women

40:13

in hip hop to be treated with dignity and

40:16

equity. So maybe we don't like

40:18

Kim for whatever reason, but

40:20

we have to support her. One

40:22

thing as an organizer

40:24

and what I've been taught is

40:27

that a lot of things shouldn't be personal.

40:30

Like I shouldn't have to be friends

40:32

with Kim and Sario to know that

40:34

harm has been done against

40:37

her. What Kim was going through stuck with

40:39

Rosa. When it started making news,

40:42

I did reach out to Kim. I

40:45

said, no matter what happens, we have to tell

40:47

this story. And I'm really

40:49

deeply sorry for you and the way

40:52

you've been treated by all these men.

40:54

Kim wasn't about to hear

40:56

any kind of apologies in the courtroom though. As

40:59

the case went on for two weeks, Rae

41:01

started acting out. According

41:03

to court transcripts, the judge was considering

41:06

holding Rae in contempt. Why?

41:09

Because when Kim's lawyer walked by Rae during

41:11

a break, Rae yelled at him, coward,

41:14

uncle Tom, chump.

41:17

Then

41:18

when Kim walked by, he yelled at her

41:20

too.

41:22

When court is back in session, Rae tries to deny

41:24

this to the judge, but the judge

41:26

gives him the option of sitting in the courtroom or leaving.

41:30

He opts to be escorted out by the court-martial.

41:33

At the end of the trial, after all

41:35

the evidence and antics, Kim's

41:37

lawyer made an impassioned closing argument.

41:41

He told the jury,

41:42

The eyes of a hip hop music industry

41:44

are upon you. You have a great

41:46

opportunity here, a great opportunity

41:49

to impose standards on that industry and

41:51

standards on other parts of the music industry. You

41:54

have a chance to teach them something about dignity.

41:58

You have a chance to teach them something about respect.

41:59

Raymond Scott

42:02

and David Mays acted with total malice

42:04

toward Kimberly Osorio. They

42:06

should be held accountable. You

42:08

should hold Raymond Scott accountable. You

42:11

should hold David Mays accountable.

42:14

You should hold the source magazine

42:16

accountable.

42:17

From there, the case

42:19

was in the jury's hands. There

42:21

was nothing more Kim could do.

42:24

Again, but wait. On

42:30

October 23, 2006,

42:34

the jury finally rendered a verdict.

42:40

In the end, the jury of six men

42:43

and two women found that Ray and Dave

42:45

firing Kim was retaliation

42:47

for that email. And that Ray defamed

42:50

her in interviews after they fired her. But

42:52

as for working in a hostile environment

42:55

and being a victim of sexual harassment and gender

42:57

discrimination, those claims were dismissed.

42:59

Rosa Clemente remembers

43:02

reading the verdict. I already was

43:04

like, I gotta write this story when she

43:06

wins. And everybody's like, she's not gonna

43:08

win. And I'm like, yes, she is. And

43:10

even though Kim didn't win on all counts,

43:13

to Rosa, this was still a victory. It

43:16

was like not a blip on the radar.

43:18

And I was going around like, yo, she

43:20

won to that day the biggest

43:23

amount of damages ever

43:25

for a woman suing

43:28

her former bosses. This shit

43:30

needs to be the front cover of the New York Times.

43:34

Kim was awarded close to $8 million in damages.

43:38

A huge verdict for a wrongful termination case

43:40

at the time. One of the biggest in

43:42

the history of the state of New York.

43:45

Rosa's interview with Kim ran in the village voice

43:48

under the headline, All Eyes on

43:50

Her. In the piece, Kim

43:52

told Rosa, quote, this

43:54

trial for me on a personal level is

43:57

a vindication of me, my work, my

43:59

character. In addition, I feel

44:02

empowered. I did not allow them

44:04

to intimidate me, scare me, have

44:06

any more control over me.

44:09

What do you feel like changed in hip-hop with

44:11

this case and what did not change once

44:14

this ruling came back?

44:17

I don't think that much changed. I

44:20

don't think that anything changed. I don't

44:22

think a single woman could

44:24

tell you that all the

44:26

things that happened to her in that suit, and

44:29

all those things happened the next day. And

44:31

the day after that, and the day after that, and the day after that.

44:34

Maybe now it's a little bit better, but

44:37

that suit,

44:38

I don't think that it, mm-mm,

44:42

I think it put people on notice, but

44:45

I don't know if it changed behavior,

44:47

if that's what you mean. Alia's

44:49

right. Kim's case

44:52

didn't dramatically reshape hip-hop

44:54

or changed anyone's behavior.

44:58

And because the jury didn't decide in Kim's favor

45:00

on the harassment and gender discrimination claims,

45:03

this was a missed opportunity, where

45:06

hip-hop could have been ahead of the curve on

45:08

a major reckoning. But

45:10

you know what? It was proof that you

45:12

could push back. You could

45:14

break the rule.

45:16

And Kim wasn't the only one fighting.

45:18

Sexual violence has been weaponized

45:21

against black men in this country for

45:23

so long that

45:26

black women are fearful and

45:30

protective of our men,

45:33

because we don't wanna be seen in that

45:35

same tradition, right, of weaponizing

45:38

sexual violence, even when it actually happened

45:40

to us. That's Serana Burke again.

45:43

And she was trying to break rules too.

45:46

So you have black women questioning themselves

45:49

and sacrificing themselves even. You

45:51

have older generations of black women in

45:53

hotel, younger generations, to

45:55

essentially suck it up. Right,

45:57

you lived, you're fine.

46:00

So we passed down the culture of silence from

46:02

one generation to the other. In 2006,

46:06

at the same time as she was watching Kim's case go down,

46:09

Tarana was trying to find language

46:11

to help black girls talk about sexual assault

46:13

and harassment. Sometimes they would

46:15

be like, oh, Miss Tarana, can I talk to you in private?

46:18

But they were not, like, nine

46:20

times out of ten it wasn't like, oh, I have a confession,

46:23

I want to tell you something to happen. It was just, they'll

46:26

tell us a story and me and my girl will look at each other

46:28

and be like, oh my God.

46:31

Tarana was running an after-school program, and

46:34

when girls would talk about their relationships, she

46:36

recognized signs of sexual violence, even

46:39

when the girls didn't themselves, and

46:41

choose specific pop culture references

46:44

to help her students see. What they

46:46

were dealing with was not okay. We would use

46:49

celebrities and

46:52

people who I knew, black women, who I knew

46:55

had stories. So like Mary

46:58

J. Blige, Queen Latifah,

47:00

Missy Elliott, Fantasia

47:03

at the time, had her movie

47:05

out. I think Eve, Lil Kim.

47:08

If I heard even an inkling of a story that

47:10

sounded like there was some sexual violence, I would use

47:12

their stories to talk to the girls.

47:14

The stories of those artists also

47:16

showed the girls. They weren't alone. This

47:19

led Tarana to come up with a phrase

47:21

they could use. At the end of

47:23

our sessions, we would give out sticky notes

47:26

to everybody, so that nobody felt singled

47:29

out and would say, like, write me too

47:32

if you want help or if you wanted to let

47:34

us know. I'll never forget when we did this

47:36

one, it was the end of the workshop, and we were

47:38

like, tell us three things you learned, or

47:42

write me too. And we

47:44

just took them and put them in a manila envelope, and

47:46

then we got back to the room, dumped

47:49

them all out on the bed, and we started

47:51

going through them, and I'm telling you, it was like, me

47:53

too,

47:53

me too, me too, one after another. Tarana

47:56

expanded this program, and she

47:58

took it across the country. Then,

48:00

in 2017, a

48:02

white actress tweeted the phrase Me Too, and

48:05

it went viral. It snowballed,

48:08

and it became a movement. But

48:10

as the term spread, it got

48:12

disconnected from the people it was originally

48:14

created to help. The voices

48:16

of those girls who saw themselves in hip-hop

48:19

were missing in the conversation. Do

48:22

you believe that hip-hop was part of the Me

48:24

Too movement or the Reckoning in 2017 or

48:26

not? No,

48:29

I don't.

48:30

I've heard stories for years. I

48:33

have friends who dated rappers or

48:35

people in the industry, and were

48:38

horribly mistreated. None of that

48:41

came for it. And I think it's because

48:43

they didn't see space

48:46

for them, which I completely

48:48

understand. They did not see

48:51

space for Black women. They didn't see

48:53

space for women of color. They didn't see an

48:56

opening in

48:57

our community, quite frankly.

49:01

The white women who came forward, I

49:03

don't begrudge them, right?

49:05

Because they were survivors, too. They went through something, too.

49:08

And they honestly didn't know whether or not

49:10

they were going to have careers or that kind of

49:13

thing. But we are socialized to respond

49:16

to the vulnerability of white women.

49:17

So there's inherently a safety net in that,

49:20

right? Somebody's going to say, we got to do something

49:22

to help them. But

49:25

you have these Black and Latino women

49:27

and women of color coming forward.

49:30

It's not the same safety net. There's

49:32

no guarantees in that.

49:34

The inequality of that safety net

49:36

is built right into the law.

49:39

Black women, women of color

49:41

in general,

49:42

are asked to choose which type of harassment is

49:45

more important for them to fight,

49:46

race or gender-based harassment.

49:49

Or they're forced to prove both.

49:53

Because of this, according to the National

49:55

Women's Law Center,

49:56

even though Black women are more likely to file harassment

49:59

claims in the U.S.,

49:59

they're

50:00

less likely to win their cases. Those

50:03

aren't the only legal barriers either.

50:06

I talked to multiple women who've

50:08

worked at places like Complex,

50:10

The Fader, and OK Africa

50:13

about the current state of harassment in music

50:15

media today.

50:16

But ultimately, none

50:18

of them would go on the record

50:20

because of ongoing settlement negotiations,

50:22

and in some cases, restrictive

50:25

NDAs. And the law,

50:27

it doesn't even account for where the culture's

50:30

at. Huge music moguls

50:32

like Russell Simmons and L.A. Reed were

50:34

called out in the 2020 documentary

50:37

On the Record,

50:38

but still,

50:39

people have continued to support them.

50:41

As a person who is a survivor, you're watching

50:43

that, and you're like, I'm not throwing my hat in that

50:46

ring, I'm not jumping in that fray. For

50:48

what? To be torn apart? To be called

50:50

a liar? I'm going to reveal

50:53

my innermost hurt, the thing

50:55

that almost killed me. I'm

50:57

going to bring that out and put that in the world

50:59

for y'all to tear me apart and call me a liar

51:02

and a whore and a gold digger and a bitch

51:05

and a diss. Oh, I'm gonna do that? For

51:07

what?

51:08

No. It's really difficult.

51:11

Our community has to have a hard conversation.

51:14

With Massage Ennoir always there to

51:16

shut down the conversation, the

51:18

fact that Kim even said anything at all was

51:21

a risk. I think people

51:23

don't understand that's what survivorship is. It's ongoing,

51:25

right? It's not just filing

51:28

the case. People will forever attach

51:30

you to that thing, to that decision

51:32

that you made. So you have to continue to

51:34

live through that. So,

51:37

you know, I applaud her for, and

51:39

hip hop on top of everything

51:42

to do that. It's an incredible feat.

51:46

What's incredible is that talking about

51:49

this case years later is

51:51

still dangerous. Kim

51:53

had moved on, rebuilt and

51:55

created a lucrative career for herself in the TV

51:57

space. Last year, reached

52:00

out to her for this story,

52:02

it was because we wanted to highlight what

52:04

this trial could have been, what it could

52:06

have meant for hip-hop.

52:07

And originally Kim was down for that too.

52:10

Then, Dave's lawyer came calling.

52:14

His lawyer made sure to emphasize to us that

52:17

Kim was unsuccessful on the claims of sexual

52:19

harassment and gender discrimination, and that

52:21

she shouldn't be declaring she won on them. Which

52:24

to us, she never did.

52:27

In fact,

52:28

her being unsuccessful on those claims is

52:31

the entire point of the story.

52:38

Hello. Hello. Hi. Hi,

52:40

Tarana. This is Sydney from

52:42

Louder Than a Riot. How are you? I'm

52:44

good. How are you?

52:46

I'm good. Do you remember us? The

52:48

last time we talked to Tarana was before

52:50

this episode evolved. Before

52:52

we got that email from Dave's lawyer.

52:55

So you know we had to get her back on the line.

52:57

My first question is what

52:59

is your first reaction hearing

53:02

that update? That's some bullshit.

53:04

First reaction is just some bullshit.

53:07

And this is her life. Right?

53:09

This is her talking about her own

53:11

life and you throwing legal action.

53:14

Now one of the things Dave's lawyers stressed

53:16

most in that email was that Kim

53:18

should not be positioning herself as quote, a

53:20

pioneer of the Me Too movement

53:23

because she didn't win on the sexual harassment

53:25

claim in court.

53:26

I think people need to recognize that

53:30

winning the court case is not the thing.

53:33

So they're actually

53:33

wrong. Completely

53:36

wrong. You had this sister who was steeped

53:39

in the most deeply

53:42

masculine, sexist,

53:45

macho, male driven statement

53:47

there is in entertainment and culture.

53:50

Had the wherewithal to step forward and

53:52

say, nah, I'm not standing for this.

53:55

He is a predecessor to an ecologist

53:57

for the cultural moment that

53:59

we saw. could happen in 2017

54:02

to stand up in the face

54:04

of misogyny and sexism and patriarchy

54:07

and say, this is not right and I

54:10

won't stand for it. And regardless

54:12

if I have to stand alone, I'm going to stand.

54:15

And that's what Kim did. And that's

54:17

why it's

54:18

so significant. So

54:20

winning or losing is really not

54:23

the measure of success in this instance.

54:25

What would you say to Dave right now?

54:28

This is a moment where you could have shown leadership.

54:30

You did a remarkable thing

54:33

happened many years ago. The source was founded.

54:36

You gave something to the culture

54:38

and Kim elevated that thing.

54:41

And when you fuck up, you

54:43

gotta say, I fucked up.

54:46

That's just that's just how you get better.

54:48

And when you're not good for the thing, you gotta

54:51

step away from the thing. So

54:53

you fighting and

54:54

clawing to hold on to something to hold

54:56

on to your reputation, to hold on to the reputation

54:58

of the source, whatever it is you're doing, we see

55:01

you. We see you

55:03

for what you are. I don't know what it is

55:05

you think you're doing now, but we see you for what you

55:07

are. This is how Dave

55:09

made you actually tarnish your reputation.

55:14

What would you say to Kim right now? I respect

55:17

the fact that she did

55:19

what she had to do to give herself peace.

55:23

The work that she did years

55:25

ago when she filed the law

55:27

suit and did the fight, she did the work already.

55:30

So pulling out right now, rather

55:32

than do that fight all over again, I 100% respect

55:34

that. She doesn't owe us anything

55:37

else. That moment was

55:40

great and it was a beautiful contribution,

55:42

but she has so much more to contribute to the culture

55:44

and it doesn't solely define

55:46

her. So that's all I would just say,

55:49

I'm grateful for you, sis, and I

55:51

can't wait to see what else you give us.

55:53

While

55:55

working on this episode, I asked

55:57

a lot of people what it's going to take to really

55:59

changed this culture. And

56:02

after all the reporting and all

56:04

the ways this story changed, of

56:06

course it was Dorana

56:07

who spoke most clearly about the

56:10

point hip-hop keeps missing. Women

56:13

are pioneers in hip-hop in every

56:15

single facet. Every

56:18

single piece of hip-hop

56:19

has women at the forefront

56:21

of it. And no matter what

56:24

we do, you have

56:27

some way in which men

56:29

will silence, will not

56:32

recognize. We have these

56:34

moments where we get diminished. And

56:37

you're going to have people who will excrete

56:40

me. They'll be like, you just

56:42

want to take down our men. You just want to, but

56:44

we will not have enough self-respect,

56:47

self-reflection, self-love

56:49

to say we

56:52

can love hip-hop. And

56:54

if we love hip-hop, like accountability

56:56

is a part of love.

57:00

If we really love hip-hop, then

57:02

we would hold ourselves accountable. We would

57:04

hold it accountable. Those two

57:06

things can happen at the same time.

57:08

We don't have to tear

57:11

hip-hop down to hold it accountable, right?

57:13

That's how you absolutely build it out.

57:20

All right,

57:30

y'all. We're halfway through the season

57:32

of examining massage and war in the culture.

57:35

And so far, we've centered women's stories.

57:38

But whether it's body policing or being

57:40

bullied by the boys club is not

57:42

just women being singled out or told to

57:44

change.

57:44

Was hip-hop obsessed with whether

57:47

or not you were gay from the start? I think so. But

57:50

hip-hop's been obsessed with that. Who's

57:52

man enough to be in the boys club?

57:55

I love Macon and takes us through rule

57:58

number six. That's next time.

58:00

on Louder Than the Riot. Louder

58:04

Than the Riot is hosted by me, Sydney Madden,

58:07

and Rodney Carmichael. This

58:09

episode was written by myself, Sam

58:11

Jay Leeds, and Saraya Shockley. And

58:14

it was produced by Sam Jay Leeds.

58:16

Our senior producer is Gabby Bobarelli,

58:20

and our producers are Sam Jay Leeds

58:22

and Mano Sundarasin. Our

58:24

editor is Saraya Shockley with additional

58:27

editing by Raina Cohen.

58:28

And our engineer is Gilly Moon. Our

58:31

senior supervising producer is Cher Vincent.

58:34

Our interns are Jose Sandoval, Teresa

58:36

Shia, and Pilar Galvan, with

58:38

help from Jerusalem Truth.

58:40

And the NPR execs are

58:42

Keith Jenkins, Yolanda Sanguini,

58:45

and Anya Grumman. Original theme by

58:47

Casa Overall. Remixed by

58:49

Susie Analogue. And the scoring

58:51

for this episode was provided by Susie Analogue

58:54

and Casa Overall.

58:54

Our digital editor is

58:57

Jacob Gans. Our fact checkers are

58:59

Julia Woe, Greta Pittenger, and

59:01

Candice Bo-Corke.

59:03

And big shout out to our lawyers,

59:06

Ashley Messinger and Rachel Suller. If

59:09

you want to learn more about Kim's story, you

59:11

can read her book, Straight from the Source,

59:14

an expose from the former editor-in-chief

59:16

of the Hip Hop Bible. If you

59:18

liked this episode and you want to talk back, hit

59:21

us up on Twitter. We're at Louder

59:23

Than the Riot. And if you want to email

59:25

us, it's louder at NPR.org.

59:28

From NPR Music, I'm

59:31

Rodney Carmichael. And I'm Sydney Madden.

59:34

And this is Louder Than the Riot.

Rate

Join Podchaser to...

  • Rate podcasts and episodes
  • Follow podcasts and creators
  • Create podcast and episode lists
  • & much more

Episode Tags

Do you host or manage this podcast?
Claim and edit this page to your liking.
,

Unlock more with Podchaser Pro

  • Audience Insights
  • Contact Information
  • Demographics
  • Charts
  • Sponsor History
  • and More!
Pro Features