Should rap lyrics be used in the YSL RICO trial? Judge to hold hearing
Rapper Young Thug performs at halftime during the Boston Celtics v Atlanta Hawks game at State Farm Arena on November 17, 2021 in Atlanta, Georgia. (Photo by Paras Griffin/Getty Images)
ATLANTA - Should an artist’s lyrics be used against them in criminal cases? That is what Fulton County Superior Court Judge Ural Glanville, who is overseeing the YSL RICO trial, will determine next week as the case against rapper Young Thug and others moves forward.
YSL, which prosecutors say stands for Young Slime Life gang, was co-founded by Young Thug. He says it stands for Young Stoner Life Records. That label has featured several big acts including Young Thug and Gunna, who were both initially indicted on charges related to gang activity.
Prosecutors say the rap lyrics in the tracks released by the artists are evidence of crimes committed by the gang.
Defense attorneys in the YSL RICO trial plan to have several experts testify that rap lyrics are negatively interpreted by most Americans because of racial bias.
JURY SEATED AFTER NEARLY A YEAR IN YOUNG THUG YSL TRIAL
Lawyers for Atlanta rapper Young Thug have an expert, who has done extensive research on race and the criminal justice system, to testify.
Documents reveals prosecutors have spent nine years scouring the music and social media posts of the Young Slime Life members. But they also say they have additional evidence against Young Thug and his co-defendants.
Prosecutors also have no doubt scoured through the lyrics of Young Thug’s latest album "Business is Business," which was released back in June despite the rapper being held in the Fulton County Jail.
Where does the YSL RICO case stand?
Young Thug, whose legal name is Jeffery Lamar Williams, has pleaded not guilty to charges of conspiracy to violate Georgia's RICO Act and participation in a criminal street gang.
Last December, rapper Gunna, whose legal name is Sergio Kitchens, walked out of the Fulton County Jail after taking a plea deal. Attorneys for Gunna said Kitchens, in exchange for a guilty plea, will not serve any time in prison. The plea deal sentenced him to five years with one year to serve in prison. That time was commuted to time served, and the balance was suspended. He will need to complete 500 hours of community service, with 350 of those hours speaking to young men and women in the community about the dangers of gangs and gang violence.
Gunna also dropped new music after being released.
Kitchens was one of 22 defendants who have taken plea deals or have had their cases dismissed. Initially, 28 people, including Williams and Kitchens, were indicted.
Wednesday, a jury was seated in the YSL RICO trial. A hearing on the use of the rap lyrics will be held on Nov. 8.
Lawmakers try to protect rappers' First Amendment rights after YSL indictments
The debate over the use of rap lyrics has been discussed at all levels of government following the indictment.
Rep. Hank Johnson, D-Georgia, introduced a new proposal called the "Restoring Artistic Protections Act," or "RAP Act," in 2022. It was a proposal that would limit the use of lyrics as permissible evidence in federal court. Johnson said artists often play roles in their music that are not meant to be taken literally.
The congressman, who represents Decatur, Conyers, Lithonia, Lilburn, and part of Atlanta, co-sponsored the bill with Rep. Jamaal Bowman, D-New York. He said it would protect an artist’s creative expression and First Amendment rights.
Rep. Hank Johnson, D-Georgia's 4th Congressional District (FOX 5)
The bill would require federal prosecutors to prove the lyrics refer to the specific facts of an alleged federal crime or show the artist literally intended to carry out what they said in those lyrics.
"You should not be able to just simply put in some lyrics and say this is the state of mind of the person who is accused," Johnson said.
The lawmakers introduced the bill as Fulton County prosecutors accused Atlanta rappers Young Thug and Gunna of running a street gang tied to murders and shootings. Prosecutors said their lyrics are evidence of crimes.
"The case here in Fulton County demonstrates a need for guardrails to protect creative expression of artists," Johnson said.
The bill would not cover cases at the state or county level. Time is running out for the measure in the congressional session.
A similar effort was being explored in Georgia. Neither state nor federal proposals have yet passed.