RAP Act Bill Aimed At Banning Lyrics From Being Used as Evidence Introduced in Congress
The first-of-its-kind measure, aimed at revising Federal Rules of Evidence legislation, intends to "restrict the admission of evidence of a defendant's creative or artistic expression against such defendant in a criminal case, and for other objectives."
“Rap, Hip Hop, and every lyrical musical piece is a beautiful form of art and expression that must be protected,” Rep. Bowman said in a statement announcing the bill. “Our judicial system disparately criminalizes Black and brown lives, including Black and brown creativity.”
He added, “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.”
The RAP Act, which strongly matches the "Rap Music on Trial" law approved by the New York State Senate in May, has the support of several music business organizations, including the Recording Academy (the Grammys), the Recording Industry Association of America (RIAA), and Warner Music Group.
The proposed bill comes as Young Thug and Gunna face racketeering charges in connection with their Young Slime Life (collective), which prosecutors in Fulton County, Georgia have accused of being a "criminal street gang" behind a string of violent crimes in Atlanta, including murder and armed robbery.
Thug was charged with one count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act and one count of participating in illegal street gang activities when he was indicted in May. Gunna is charged with conspiracy to violate the RICO Act.
The lyrics of nine Young Thug songs are used to tie him to the alleged offenses in the broad, 56-count indictment. Prosecutors contend that lyrics such as "It's all mob business, we know to murder the largest cats of all kittens" constitute "an overt conduct in support of the conspiracy."
“My art is not allowed to stand alone as entertainment, I’m not allowed that freedom as a Black Man in America,” Gunna wrote in a letter penned to fans from jail in June. “For now, I don’t have my freedom. But I am innocent. I am being falsely accused and will never stop fighting to clear my name!”