Regarding addressing a growing problem for music artists, particularly in the hip-hop genre, a new bill was introduced in the US House of Representatives by Congressmen Hank Johnson (GA-04) and Jamal Bowman (NY-16). Titled The Restoration of Artistic Protection Act (RAP Act), it seeks to protect artists from having their lyrics used against them as evidence in criminal and civil proceedings.
As a release announcing the proposed legislation, he cleverly notes the reference to the 2021 Bey-Cousin v. Powell case: “Freddie Mercury did not admit to having “just killed a man” by putting “a gun to his head” and “pulling the trigger. Bob Marley did not admit to shooting Sheriff. Johnny Cash did not admit to shooting “a guy in Reno, just to watch him die.” —
Specifically, the RAP would affect the federal rules of evidence by adding a presumption that “would limit the admissibility of evidence of an artist’s creative or artistic expression against that artist in court.”
As Variety previously reported, recently via a guest column written by famed music lawyer Dina LaBolt, the normalization of such a practice sets a dangerous precedent, with members of Congress explaining that since 2020, prosecutors in more than 500 criminal cases have used artists. Words as evidence against defense. LaPolt goes one step further. “This is racist,” she says.
The young Grammy-nominated artist is perhaps the most famous rapper currently testing the constitutionality of these litigation strategies, and whether they intrude First Amendment protections. was a thug Arrested in May on charges of gang activity and conspiracy to violate the Influenced and Corrupt Organizations (RICO) Act, With fellow rapper Jonah from Atlanta.
The indictment alleged that Williams possessed stolen weapons as well as methamphetamine, hydrocodone, and marijuana, with the intent to distribute them. Williams was also implicated in the attempted murder of Atlanta rapper YFN Lucci, and was accused of renting a car “used in the commission of the murder of Donovan Thomas Jr., a member of a rival gang.”
The indictment was based on lyrics from nine of Young Thug’s songs, including “Ski” and “Slime Shit”. Several lyrics of the 2019 song “Just How It Is” have been listed, including “I done the robbin”, “I did the jackin”, “Now I’m full rappin” and “It’s all mob business, we know to kill the bigger cats” among all kittens,” which the court considers in the indictment “a public act of conspiracy furthering.” The court also noted the 2021 song “Bad Boy,” which includes lyrics such as, “Smith & Wesson . .
“Freedom of speech is the constitutional foundation that policymakers believed was necessary to enable a new and free society to forge its own destiny not only through commerce and innovation, but through culture, expression and art,” said Representative Johnson. “It is no longer enough for this Bill of Rights to guarantee this freedom: without further action in Congress, the freedom of speech and artistic expression found in music will continue to be stifled, and that expression will remain cold, even the voices behind that protected speech are silenced. I thank my fellow Congressman Bowman. for my participation in spearheading this legislation.”
“Rap, hip-hop, and every lyrical piece of music is a beautiful form of art and expression that should be protected,” said Congressman Jamal Bowman Ed.D (NY-16). “I am proud to introduce the RAP Act alongside Representative Hank Johnson. Our justice system variously criminalizes black and brown life, including black and brown creativity. For example, Tommy Munsdwell Canady is a 17-year-old serving a life sentence and adopted condemn him severely for the words he wrote. I was deeply moved to hear that Mr. Kennedy continues to pursue his art in the face of our bodily systems that would stifle black art. He is not an anomaly. Evidence shows that when jurors believe the words are rap lyrics, there is a tendency to assume they are confession, While the lyrics of other genres of music are understood as art and not factual reporting. This law will ensure that our standards of evidence protect the First Amendment right to free speech. We cannot imprison our talented artists for expressing their experiences and we will not allow their creativity to be suppressed.”
Groups supporting the legislation include the Recording Academy (GRAMMYs), Recording Industry Association of America (RIAA), Universal Music Group, Sony Music Group, Warner Records, Atlantic Records, Warner Music Nashville, Artists Rights Alliance, and SAG-AFTRA , BMAC (Black Music Action Coalition), MAC (Music Artists Coalition), SONA (North American Songwriters), 300 Elektra Entertainment, Warner Chappell Music, Warner Music Group and Warner Music Latina.
Following today’s announcement from Capitol Hill, Recording Academy CEO, Harvey Mason Jr. Rico Love, President of the Recording Academy of Black Music’s Caucus, said, “Today’s introduction of the RAP Act in the House is a critical step forward in the ongoing battle to stop the weaponization of creative expression as a stalking tactic. Anti-rap bias has been present in our judicial system for far too long, and has It’s time to end this unconstitutional practice. We express our gratitude to Representatives Hank Johnson (D-GA) and Jamal Bowman (D-NY) for their leadership on this issue, and we will continue to work closely with them to strengthen protections in this law that ensure that all artists can create .freely without fear of criminalizing their work.”
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