Congress' RAP Act Would Bar Use Of Lyrics As Evidence In Court

Young Thug: Fighting For His First Amendment Rights (Photo: Jamie Lamor Thompson / Shutterstock.com)

THE RAP ACT (RESTORING ARTISTIC PROTECTION) has been introduced in the U.S. HOUSE by GEORGIA Congressman HANK JOHNSON and N.Y. Congressman JAMAAL BOWMAN that would protect artists from having their lyrics used in court as evidence in criminal and civil proceedings. 

In a release announcing the proposed legislation, the 2021 case BEY-COUSIN v. POWELL: “FREDDY MERCURY did not confess to having ‘just killed a man’ by putting ‘a gun against his head’ and ‘’pulling the trigger. BOB MARLEY did not confess to having shot a sheriff. And JOHNNY CASH did not confess to shooting ‘a man in RENO, just to watch him die.’”

THE RAP ACT would impact 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.”

Rapper YOUNG THUG is testing the constitutionality of using his lyrics as evidence, and whether they violate his FIRST AMENDMENT rights. He was arrested in MAY on charges of gang activity and conspiring to violate the RICO ACT along with fellow ATLANTA hip-hop icon GUNNA. 

The indictment cited lyrics from nine YOUNG THUG songs, including lines like “I done did the robbin’, I done did the jackin’, now I’m full rappin’” and “It’s all mob business, we know to kill the biggest cats of all kittens,” which the court deems in the indictment “an overt act in furtherance of the conspiracy.” 

Said Rep JOHNSON, “Freedom of speech is the constitutional foundation the framers thought necessary to enable a new and free society to craft not only its own destiny through commerce and innovations, but through culture, expression, and art. It is no longer enough that the BILL OF RIGHTS guarantees that freedom: without further Congressional action, the freedom of speech and of artistic expression present in music will continue to be stifled, and that expression will be chilled, until the voices behind that protected speech are silenced.”

Added fellow sponsor Congressman BOWMAN, “I am proud to introduce the RAP ACT. 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.”

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