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In 1993, Snoop Dogg was tried for first-degree homicide as a result of his bodyguard had allegedly killed a rival Blood gang member whereas driving in Snoop Dogg’s automotive.¹[1]Mahlik Campbell, 10 Rappers Whose Lyrics Had been Used In Court docket, From YNW to Melly to Snoop Dogg, Daquan, (Jan, 12, 2022), https://daquan.television/music/10-rappers-whose-lyrics-were-used-in-court-from-ynw-melly-to-snoop-dogg. At trial, Snoop Dogg’s track, Homicide Was the Case, which launched earlier that 12 months, was performed earlier than the jury.²[2]Id. The songs introductory skit means that Snoop Dogg was concerned in a homicide as one other man (presumably his physique guard) requested Snoop Dogg for a gun and extra ammunition “Trigger I’m about to smoke this idiot.”³[3]Id. The prosecutor hoped to make use of Snoop Dogg’s lyrics to convict him of first-degree homicide.⁴[4]Id. Whereas Snoop Dogg and his bodyguard had been acquitted, this is only one instance of rappers’ lyrics getting used as proof in felony proceedings.⁵[5]Id.

Different artists whose lyrics have been used towards them in courtroom embody Tay-Ok, Meek Mill, and Bobby Shmurda relating to deadly theft, probationary violations, and weapons and conspiracy fees respectively.⁶[6]Id. In every case, the prosecutor tried to make use of the artist’s lyrics to show they’re responsible. Most lately, prosecutors have tried to make use of Younger Thug and Gunna’s lyrics as proof relating to their pending Racketeer Influenced and Corrupt Organizations Act (RICO) fees.⁷[7]Id. The RICO fees stem from the rappers’ affiliation with Atlanta primarily based avenue gang, Younger Slime Life Atlanta.⁸[8]Ashley King, Rolling Stone Prepping Documentary About Younger Thug & YSL Data, Digital Music Information, (July 11, 2022), https://www.digitalmusicnews.com/2022/07/11/rolling-stone-young-thug-documentary/.

Defending creative expression, notably in rap music, is essential given the five hundred+ cases of rap lyrics getting used as proof in felony instances.⁹[9]Rodney Carmichael, The Racist Roots of Rap on Trial, (March 16, 2021), https://www.npr.org/2021/03/16/975359725/the-racist-roots-of-rap-on-trial. This can be a development distinctive to rap music. Artists of different genres similar to Johnny Money, who claimed to “shot a person in Reno, simply to observe him die” in his track Folsom Jail Blues, haven’t had their lyrics used towards them in felony proceedings.¹⁰[10]Folsom Jail Blues, https://genius.com/Johnny-cash-folsom-prison-blues-lyrics. To handle rap artists’ lyrics being disproportionately used as proof, Congressmen Hank Johnson (D-GA) and Jamaal Bowman (D-NY) launched the Restoring Inventive Defend Act (“RAP Act”) within the U.S. Home of Representatives in July 2022.¹¹[11]Restoring Inventive Safety Act, H.R. 8531, 117 Cong. If handed, the invoice would limit the admissibility of artists’ lyrics as proof in felony proceedings on the federal degree.¹²[12]Id.

The proposed act would amend the Federal Guidelines of Proof Article IV by elevating requirements for admissibility in felony proceedings.¹³[13]Id. The Federal Guidelines of Proof Article IV, Relevance and It’s Limits, governs the admissibility of proof primarily based on relevancy.¹⁴[14]Fed. R. Evid. 401. Underneath Article IV Rule 401, “Proof is related if: (a) it has any tendency to make a truth kind of possible than it will be with out the proof; and (b) the actual fact is of consequence in figuring out the motion.”¹⁵[15]Id.

The proposed act, Rule 416. Limitation on admissibility of defendant’s artistic or creative expression, would amend present proof guidelines, offering that “proof of a defendant’s artistic or creative expression, whether or not unique or by-product, isn’t admissible towards such defendant in a felony case.”¹⁶[16]Restoring Inventive Safety Act, H.R. 8531, 117 Cong. at § 2(a)(a). This is able to considerably limit the potential for artists’ “varieties, sounds, phrases, actions or symbols, together with music, dance, efficiency, artwork, visible artwork, poetry, literature, movie and different particular objects or media” from getting used towards them in felony proceedings.¹⁷[17]Id. at § 2(a)(e). Underneath this newly proposed proof rule, a courtroom could solely admit a defendant’s creative work into proof if the prosecution proves that the defendant supposed for the expression to be interpreted actually, or if the expression is by-product of others’ works, that they supposed for it to be interpreted as their very own thought(s).¹⁸[18]Id. at § 2(a)(b)-(4). Info which are particularly related to a criminal offense’s disputed problem could also be admitted into proof provided that they can’t be obtained elsewhere.¹⁹[19]Id. at § 2(a)(b)-(4).

If codified, the RAP Act would influence future artists’ instances, together with Younger Thug and Gunna’s RICO case. Younger Thug is accused of co-founding the Younger Slime Life Atlanta gang, which has allegedly dedicated carjackings, shootings, and homicide in Atlanta.²⁰[20]Id. As a result of lots of Younger Thug and Gunna’s songs incorporate lyrics suggesting related crimes, the prosecution desires to enter a number of of their songs’ lyrics into proof.²¹[21]Id. The RAP Act’s proposed amendments to the admissibility of proof guidelines and the usual for relevancy would assist shield artists’ First Modification rights to freedom of speech and inventive expression.

Comparable legislative efforts to guard artists artistic rights have occurred at state ranges in California and New York. In September of 2022, California Gov. Newsom signed the Decriminalizing Inventive Expression Act into regulation.²²[22]August Brown, Gov. Newsom indicators invoice limiting use of rap lyrics in felony trials, (Sept. 20, 2022), https://www.latimes.com/entertainment-arts/music/story/2022-09-30/rap-lyrics-bill-governor-newsom-decriminalizing-artistic-expression-act. The Decriminalizing Inventive Expression Act, just like the RAP Act, goals to restrict the usage of artist’s artistic expressions towards them as proof in felony proceedings.²³[23]Id. The act creates the next threshold during which California prosecutors should present that the expression is factually particular to the crime and comprises particulars in any other case unknown to the general public.²⁴[24]Id. Moreover, New York State Senator, Brad Hoylman (D), has sponsored Senate Invoice S7527, often known as “Rap Music on Trial.”²⁵[25]Senate Invoice S7527, https://www.nysenate.gov/laws/payments/2021/S7527. If codified, the invoice would set up “an assumption of inadmissibility of proof of a defendant’s artistic or creative expression towards such defendant in a felony continuing; requires the proffering get together to affirmative show that the proof is admissible by clear and convincing proof.”²⁶[26]Id. As of 10/17/2022, the invoice has handed the Senate and is awaiting Meeting approval.²⁷[27]Id. It’s presently cosponsored by fellow New York senators Jamaal T. Bailey (D), Alessandra Biaggi (D), Zellnor Myrie (D), Elijah Reichlin-Melnick (D), and Julia Salazar (D).²⁸[28]Id. Such parallels in legislative efforts on the state degree illustrate Democratic get together efforts to advocate for the safety of artist’s free speech.

The RAP Act has acquired help each on Capitol Hill and within the music group.²⁹[29]Congress Johnson, Bowman introduce Invoice To Defend Artists’ 1st Modification Rights, Hank Johnson, (July 27, 2022), https://hankjohnson.home.gov/media-center/press-releases/congressmen-johnson-bowman-introduce-bill-protect-artists-1st-amendment. Along with Congressmen Johnson and Bowman, 5 different Democrat Congressmen have cosponsored the invoice as of October 12, 2022.³⁰[30]H.R. 8531- Restoring Artist Safety Act of 2022, https://www.congress.gov/invoice/117th-congress/house-bill/8531/cosponsors. This listing consists of Carolyn Maloney (D-NY), Pramila Jayapal (D-WA), Bennie Thompson (D-MS), Cori Bush (D-MO), Nikema Williams (D-GA), and Shelia Jackson Lee (D-TX).³¹[31]Id. The invoice has additionally been strongly promoted by the music group, together with senior officers from the Music Writers of North America, Common Music Group, and Atlantic Data.³²[32]Congressmen Johnson, Bowman introduce Invoice To Defend Artists’ 1st Modification Rights, Hank Johnson, (July 27, 2022), https://hankjohnson.home.gov/media-center/press-releases/congressmen-johnson-bowman-introduce-bill-protect-artists-1st-amendment. Moreover, on the Black Music Motion Coalition Gala, 300 Elektra Leisure Chairman and CEO, Kevin Liles, spoke in regards to the invoice’s significance in his BMAC Social Impression Award acceptance speech.³³[33]Breanna Bell, Lil Child, Tylker the Creator, G-Eazy End up for Black Music Motion Coalition Gala as Jon Platt, Kevin Lilies Ship Poignant Speeches, (Sept. 23, 2022), https://selection.com/2022/music/information/lil-baby-tyler-the-creator-g-eazy-black-music-action-coalition-gala-1235382267/. Liles highlighted the underlying racism related to present federal proof guidelines and known as for reform.³⁴[34]Id. He stated, “Students all over the world have tracked virtually 500 instances of Black and brown individuals subjected to a double commonplace and treating that artwork as confessions in courtroom. This doesn’t occur in the event you’re white. Not ever.”³⁵[35]Id.

Passing the RAP Act would assist shield artists’ work from getting used towards them in felony proceedings and from racial discrimination traits occurring below present federal proof guidelines. Inventive freedom of expression is essential to the music business and such creativity shouldn’t be stifled by concern of repercussion. Whereas some artistic expression is controversial, the RAP Act’s restrictions on proof admissibility must be applied to guard artists’ artistic course of.

Written by: Douglas Waltzer
Douglas is a 2024 J.D. Candidate at Brooklyn Regulation Faculty