Rap On Trial

Young Thug’s Defense Witness List Includes Hip-Hop Historians

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As the Tory Lanez trial nears its end, the YSL Rico trial in Atlanta is gearing up to begin. On January 3, 2023, Young Thug and his remaining co-defendants will return to court in Fulton County, Atlanta. Over the last week, several YSL Records artists took plea deals to be released from jail. As it stands, Gunna, Unfoonk, Slimelife Shawty, Lil Duke have all taken plea deals. Furthermore, legal experts expect more of Thug’s co-defendants to follow suit before the trial begins.

Atlanta-based beat reporter George Chidi has been covering this case since new of the RICO indictment first broke. According to him, the plea deals prove that the D.A. is mainly focused on convicting Young Thug. Needless to say, Thug and his attorney, Brian Steele, have a huge challenge ahead of them. Prior to the start of the trial next month, Young Thug’s defense team has submitted their list of expert witnesses.

ATLANTA, GEORGIA – FEBRUARY 03: Rapper Young Thug attends the game between the Phoenix Suns and the Atlanta Hawks at State Farm Arena on February 03, 2022 in Atlanta, Georgia. (Photo by Paras Griffin/Getty Images)
Read More: Metro Boomin Details Process Working With Young Thug

Young Thug’s defense will call upon Hip-Hop historians, a drug counselor, and more.

According to HipHopDX, Young Thug’s list of witnesses will consist of experts from multiple fields. Thugger’s lawyer will reportedly call upon a cell phone expert, a drug treatment counselor, and an expert in video analysis. In addition to those more traditional experts, Thug’s defense has also listed Hip-Hop historians and lyrics experts as witnesses.

One of the most notable Hip-Hop witnesses listed is Dr. Erik Nielson. An active associate professor of liberal arts at the University of Richmond, Nielsen is perhaps best known for co-authoring Rap on Trial: Race, Lyrics, and Guilt in America with Andrea Dennis in 2019. In addition to Nielson, Thug’s defense will also call upon two other college professors listed as lyrics experts: Dr. Adam Dunbar and Dr. Charis Kubrin.

Read More: Gunna Will Plead The 5th If Called To Testify Against YSL

Since Thug’s lyrics will be admissible in court, his legal team’s unique strategy might actually prove effective. Of course, we’ll have to wait until the trial begins in January to see.

Until then, stay tuned to HNHH for more updates on the developing YSL Rico situation in Atlanta. And as always, let us know your thoughts about the case in the comment section below.

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California’s Bill Limiting The Use Of Rap Lyrics As Evidence Is Signed Into Law By Governor Gavin Newsom

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California has officially become the first state to limit the use of lyrics as evidence in criminal trials as Governor Gavin Newsom signed AB2799 — aka The Decriminalizing Artistic Expression Act — into law after it passed the state senate late last month.

The Decriminalizing Artistic Expression Act is one of several so-called “Rap On Trial” laws introduced at both the state and federal levels by activists seeking to end the use of lyrics against artists, a practice that some refer to as racist due to their frequent application in criminal trials involving rappers. The practice has come under greater scrutiny this year as high-profile cases against rappers like YoungBoy Never Broke Again and Gunna and Young Thug hinged on instances of the rappers lyrics that supposedly tied them to criminal activities. The prosecutors in the latter have received criticism as the main counts against them stemmed from them shouting out YSL on their records.

Artists like E-40, Killer Mike, Meek Mill, Too Short, Ty Dolla Sign, Tyga, and YG attended a virtual signing ceremony today, where Songwriters of North America co-founder Dina LaPolt said, “For too long, prosecutors in California have used rap lyrics as a convenient way to inject racial bias and confusion into the criminal justice process. This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression. Thank you, Gov. Newsom, for setting the standard. We hope Congress will pass similar legislation, as this is a nationwide problem.”

The bill’s signing represents a huge step forward for proponents of similar bills in states like New York, which passed its own “Rap On Trial” bill through the state senate in May but saw it stall out in the State Assembly.

California’s State Congress Passes A Bill Limiting Rap Lyrics From Trial

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Rap lyrics have been on trial for decades, almost since the genre’s inception. But in more recent years, that characterization has been more literal than ever as criminal prosecutors aim to use artists’ lyrics against them in court. Rather than viewing their songs as artistic representations of the violence they often encounter, prosecutors have chosen to interpret them as literal admissions of guilt, even though rap’s “keep it real” ethos has been disproven time and time again — just look at Young Thug and Gunna’s current RICO case in Georgia.

However, that may soon be changing with the advent of “Rap On Trial” laws that have begun receiving support from state and federal legislators and other critics looking to protect artists’ freedom of speech and creative expression. Contending that the practice of using lyrics stems from racial bias, lawmakers in New York and California have introduced new bills to limit using rap lyrics in criminal cases and today, one of those bills has advanced further than any others.

California’s AB2799 has passed the State Assembly, days after clearing the State Senate, and now only needs Governor Gavin Newsome’s signature to become law, according to Billboard. He’s expected to do so, making California the first state in which lyrics are banned from court trials unless prosecutors can show that they are directly relevant to the case. That means that the lyrics in question would have to have been written around the time of the crime and/or include factual details that wouldn’t be publicly available (naturally, any prosecutor would have to prove these criteria with other evidence).

Meanwhile, New York’s S7257 was able to pass the Senate but was unable to get a vote in the Assembly. Legislators hope to reintroduce the bill next session. A similar federal bill was introduced in the US House Of Representatives in July but has yet to see progress and is not a guaranteed win, considering the current structure of Congress.

Congress Introduces The RAP Act To Limit The Use Of Lyrics As Evidence In Criminal Trials

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Over the past few months, rap fans have placed more and more scrutiny on prosecutors who use rap lyrics as evidence in criminal trials against hip-hop artists. While “hip-hop cops” have long been rumored as a fixture of the justice system, cases involving popular rappers such as Young Thug and YoungBoy Never Broke Again have highlighted how that system tries to turn rappers’ creative expression against them. Using literal interpretations of violent lyrics or shout-outs to alleged criminal groups as evidence is increasingly seen as a violation of artists’ freedom of speech; fortunately, a new development may help to protect that right in the future.

A new bill modeled after New York’s “Rap On Trial” law proposal has been introduced in the US House Of Representatives by Congressmen Hank Johnson (D-GA) and Jamaal Bowman (D-NY). The New York version, which passed the state senate in May, still hasn’t passed the state assembly or been ratified by the governor yet, but its creation turned out to be instructive on the new federal bill, called the Restoring Artistic Protection (RAP) Act (get it?). The RAP Act would change the Federal Rules of Evidence to limit the use of lyrics as evidence.

In a statement, Rep. Bowman said, “Rap, Hip Hop, and every lyrical musical piece is a beautiful form of art and expression that must be protected. Our judicial system disparately criminalizes Black and brown lives, including Black and brown creativity. Evidence shows when juries believe lyrics to be rap lyrics, there’s a tendency to presume it’s a confession, whereas lyrics for other genres of music are understood to be art, not factual reporting. This act would ensure that our evidentiary standards protect the First Amendment right to freedom of expression. We cannot imprison our talented artists for expressing their experiences nor will we let their creativity be suppressed.”

If passed, the RAP Act could protect artists like Young Thug and Gunna, who are accused of alleged ties to a violent street gang. In the racketeering indictment, both are charged with violations of the RICO Act, but the only evidence tying them to the supposed gang is cherry-picked lyrics. Likewise, NBA YoungBoy was given a reprieve from using lyrics to prove he had knowledge of guns when nothing in those lyrics could tie him to the gun found in his car. The burden of evidence should absolutely be higher than “this guy rapped about this thing on a song once, so obviously he did the crime we’re accusing him of.” Thanks to the RAP Act, it could be.

300 Entertainment Posts A Petition To End The Use Of Rap Lyrics In Criminal Trials Like The YSL RICO Case

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Last month, Atlanta rappers Young Thug and Gunna were arrested in a racketeering case blaming them and their label, YSL, for gang activity in the Atlanta area. In total, 28 members of YSL were charged with crimes including attempted murder and possession of illegal firearms. However, a point of contention has arisen among those in the rap community: the State’s use of Thug and Gunna’s lyrics as the principal evidence against them.

Prosecutors say that their lyrics mentioning YSL prove their membership in a gang, and under the terms of the Racketeer Influenced and Corrupt Organizations (RICO) Act, they can be charged as part of a criminal organization, rather than for any specific crime. However, the rappers’ contemporaries have spoken out against the use of lyrics against them, citing the creativity in hip-hop and the artist’s right to free speech. Even rivals such as The Game and YFN Lucci have criticized the prosecution’s strategy, and now, YSL’s parent label, 300 Entertainment is getting involved as well.

300, which was founded in 2012 by Kevin Liles, Lyor Cohen, Roger Gold, and Todd Moscowitz, launched a petition on Change.org calling for the protection of Black art and laws to codify rappers’ freedom of expression. The petition is inspired in part by the success of New York State Bill S7527, nicknamed the “Rap On Trial” law, which would limit the use of lyrics in criminal trials unless prosecutors can prove that they are based in fact and relevant to the case. The state’s Senate passed the bill in May; it must pass the Assembly and be signed by the Governor to be ratified into law.

While the petition doesn’t say exactly what changes its author Liles is seeking, a good start would be the nationalization of a law like S7527, which would ensure that artists nationwide are protected, not just in New York. As noted in the petition, YSL aren’t the only ones who’ve been scooped up by such broad interpretations of the law and their lyrics. And while the RICO law is intended to keep America’s streets safer, it should take more than a hit on the radio to prove someone guilty of a crime.

You can view the petition here.

Some artists covered here are Warner Music artists. Uproxx is an independent subsidiary of Warner Music Group.

Bobby Shmurda Wants New York’s Rap On Trial Bill To Be Adopted Throughout The United States

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Earlier this week, the New York Senate passed Senate Bill S7527, better known as the Rap On Trial bill. It was sponsored by Senators Jamaal Bailey and Brad Hoylman and it received support from rappers like Fat Joe, Jay-Z, Killer Mike, and Meek Mill. The bill states that there should be “clear and convincing evidence” that an artist’s song, video, or other “creative expression” is “literal, rather than figurative or fictional.” This now makes it harder for prosecutors to use lyrics, which are exaggerated more times than not and used for the sake of the art, to tie in rappers in cases related to RICO (Racketeer Influenced and Corrupt Organizations) and more.

Shortly after the bill was passed, TMZ caught up with Bobby Shmurda to hear his thoughts about it. Bobby, who was released from prison last year following a seven-year sentence on weapons and murder conspiracy charges, had his lyrics used in court. “I’m grateful for it,” he told TMZ. “I feel like it needs to happen all over the country, especially with what’s going on in Atlanta right now. I feel like rap is targeted the most. Rap is expression you know? If you look at movies, everything is expression, so rap is an expression. I feel sometimes like it shouldn’t be said in court or anything.”

He later added, “I feel like it limits art, it limits what it does. When they say that the rap can be used against you, it limits your art because sometimes people just want to be free.”

Bobby’s comment about Atlanta is in reference to the RICO case that Young Thug, Gunna, and 26 other members of YSL were recently wrapped up in. In that case, the charges against the group include conspiring to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act, murder, armed robbery, and participation in criminal street gang activity.

You can listen to Bobby’s comments in the video provided by TMZ here.

Some artists covered here are Warner Music artists. Uproxx is an independent subsidiary of Warner Music Group.

New York’s ‘Rap On Trial’ Law Passes The State Senate

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As the Fulton County racketeering case against Young Thug and YSL Records continues to draw scrutiny for its use of the Atlanta rapper’s lyrics in its 88-page indictment, the movement to reform criminal law to limit this controversial practice made significant progress this week. Pitchfork reports that the New York State Senate has approved Senate Bill S7527 — aka known as the “Rap On Trial” law.

Sponsored by Senators Jamaal Bailey and Brad Hoylman and receiving support from rappers like Fat Joe, Jay-Z, Killer Mike, and Meek Mill, the Rap On Trial law would limit the use of artists’ lyrics as evidence unless prosecutors can prove that the raps are “literal, rather than figurative or fictional.” This could make it much more difficult for RICO (Racketeer Influenced and Corrupt Organizations) cases to simply pull lyrics that mention suspected criminal organizations, such as the ones used against Young Thug. According to the State Senate website:

The purpose of this legislation is to protect freedom of speech and artistic expression in New York State. This bill effectuates the enhanced free speech protections provided by the New York State Constitution, ensuring that criminal defendants are tried based upon evidence of criminal conduct, not the provocative nature of their artistic works and tastes.

The bill must still pass the State Assembly to become law — love that bicameral Congress — and would require a signature from the Governor to become law, but should it do both, it would set a precedent for other states to follow to stop prosecutors from overreaching when it comes to rappers and their expression.