In a big win for creative expression, Governor Gavin Newsom signed the Artistic Expression Decriminalization Act, which restricts the use of rap lyrics as evidence in court in California.
In August, the California Senate and Parliament unanimously approved AB Bill 2799. Speaking about the legislation’s importance at a virtual bill signing ceremony, rappers Killer Mike, Meek Mill, Too$hort, Ty Dolla$ign, YG, E- 40 and Tyga, as well as Recording Academy CEO Harvey Mason Jr. The leaders of the Black Music Action Alliance and North American songwriters also joined the signing ceremony.
In a press release, the Black Music Action Alliance called the bill a “critical step in the right direction” for not introducing racial bias into court proceedings, particularly given the recent indictments of Young Thug and Gunna, whose words were relayed directly and were used against them in the RICO trial. ongoing.
“For too long, prosecutors in California have used rap lyrics as a convenient way to introduce racial bias and confusion into criminal justice proceedings,” said Dina LaBolt, entertainment attorney and co-founder of Songwriters of North America. This legislation puts in place important safeguards that will help courts hold prosecutors accountable and prevent them from criminalizing the artistic expression of black and brown. Thank you, Governor Newsom, for setting the standard. Hopefully, Congress will pass similar legislation, because this is a nationwide problem.”
Willie “Nabibi” Stegers, co-founder and co-chair of the Black Music Action Coalition, added: “The signing of AB 2799 (The Artistic Expression Decriminalization Act) into California law is a major victory for the artistic and creative community, and a major step in the right direction toward our federal legislation – the RAP Act. (Returning the Art Protection Act) – Preventing song lyrics from being used as the sole basis for litigating cases. The Black Music Action Coalition commends Governor Newsom for his willingness to stand with artists and defend the First Amendment of our right to free speech.”
Further advocating for legislation in the form of a federal bill – the Restoration of Artistic Protections or RAP Act – Representative Hank Johnson (Georgia) and Representative Jamal Bowman (New York) took the stage at the RIAA offices in Washington, DC on September 29 ahead of a panel discussion on “Rap Music and the Rules of Evidence” . Supervised by diverse Executive Editor Shirley Halperin, the panel included Stiggers and LaPolt along with Kevin Liles, CEO of 300 Elektra Entertainment, Professor Jack Lerner of the University of Irvine Law School and attorney Shay Lawson, SONA Board Member and External Counsel to BMAC, and Chair of Advocacy for the Atlanta Chapter of the Academy recordings. The wide-ranging discussion addressed the risks to the constitutional rights of freedom of expression and a fair trial. Liles, who testified on behalf of imprisoned rap artists Young Thug and Gunna during their hearings, linked what is happening today to decades of systemic racism that harms black men.
Courtesy of RIAA
Talking to diverse In May, LaBolt said the use of Young Thug’s words as evidence against him in court was “unprecedented racism”. Legal expert Jack Lerner noted the judicial system’s hypocritical focus on hip-hop as a genre, and added that the process “could really affect the way people make music.”
Additional reporting by Shirley Halperin.
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