rap lyrics bill

RAP Act Reintroduced In Congress, Aims To Ban Use Of Lyrics As Court Evidence

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The Restoring Artistic Protection (RAP) Act was a bill introduced in the U.S. Congress in July of last year. Just when we thought it was going nowhere, two congressmen reintroduced the bill and brought it back to national attention. Moreover, the bill aims to protect artists whose lyrics are wrongfully used to determine their verdict in a court case. Democrats Hank Johnson and Jamaal Bowman also participated in a livestream hosted by the Recording Academy with various First Amendment advocates fighting for free speech. Furthermore, these included the Black Music Action Coalition (BMAC), SAG-AFTRA, the Black Music Collective, and others.

Of course, the most present example of lyrics as evidence is currently the RICO trial of Young Thug and YSL as a whole. Prosecutors used various lyrics to paint the crew as a criminal gang, which Gunna supported through statements when he took his Alford plea. Since 2020, over 500 criminal cases involved prosecutors using an artist’s lyrics against them as evidence. With this in mind, the RAP Act would add a presumption to the Federal Rules of Evidence that would limit the ability to present said artistic expression against them in court.

RAP Act Returns To Congress

WASHINGTON, DC – APRIL 27: U.S. Representative Jamaal Bowman and U.S. Representative Hank Johnson speak during Grammys On The Hill: Advocacy Day on April 27, 2023 in Washington, DC. (Photo by Paul Morigi/Getty Images for The Recording Academy)

To elaborate, Willie “Prophet” Stiggers, who co-founded BMAC and acts as its chair, gave low-profile examples of this bill’s necessity. One of these is the case of Derek Foster, who the court convicted in 1991 and who used a rap verse in his notebook against him, even though the notebook did not relate as evidence to his charges. Another case he mentioned was that of Jonair Tyreece Moore. Prosecutors gained permission to show 20 minutes of rap videos, which the court found irrelevant to his charges. Moreover, the prosecution intended to “show his knowledge of drug distribution and his motive for engaging in it.”

Of course, many believe that this is a lost cause already. However, if more prominent figures in hip-hop and beyond support it, a continuous fight for these rights until they see recognition could follow. Until then, courts may continue to subvert and warp artistic expression in lieu of hard evidence to land innocent artists in prison. Regardless of your take, come back to HNHH for the latest on the RAP Act and other news in the hip-hop world.

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California Becomes First U.S. State To Ban Using Rap Lyrics In Court

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California has become the first state in the U.S. to ban lyrics from being used against rappers as evidence in court proceedings. The landmark law came into effect on Friday, when Governor Gavin Newsom signed a bill to limit “creative content” from being held against artist or musicians in the state. It’s been a long and arduous fight for advocates against this practice, but recent legislation in New York points towards a brighter future along with this bill. Amid the YSL indictment that put Young Thug and Gunna behind bars in large part due to their lyrics, fans are probably grateful to see their outrage result in action from authorities.

Gavin Newsom, Governor of California – Monica Schipper/Getty Images

That New York bill did not completely ban the use of lyrics, though, and there’s a similar loophole in California’s bill: lyrics can be used but only if reviewed and deemed necessary for the verdict by the judge. Even with this caveat, AB 2799 (the Decriminalizing Artistic Expression Act) is a one-of-a-kind piece of legislation that takes unprecedented steps to protect rappers’ creative works. Governor Newsom signed the bill on a Zoom call with rappers E-40, Meek Mill, Killer Mike, YG, and more in attendance.

Reginald Byron Jones-Sawyer, who introduced the bill, expressed his belief that the DAE Act “will give judges needed guidance for evaluating whether a creative expression is admissible during a criminal trial and provides a framework which will ensure creative expression will not be used to trigger or reinforce stereotypes or activate racial bias.” Entertainment attorney Dina Polt was one of many to celebrate the achievement.

“This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression,” she stated. “Thank you, Gov. Newsom, for setting the standard. We hope Congress will pass similar legislation, as this is a nationwide problem.”

A similar bill was introduced in Congress last July, so rap lyrics might still have a chance for salvation at the federal level. For now, state laws are what stands between a rapper’s artistic expression and jail time, and California is setting an important precedent for the rest of the union.

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