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Should music lyrics by Young Thug, Gunna, or other artists be used in court?
Should an artist’s lyrics be used against them in federal criminal cases? One lawmaker says no. Rep. Hank Johnson, D-Georgia, recently introduced a new bill known as the "RAP Act." This as Atlanta rapper Young Thug faces accusations he co-founded a street gang tied to multiple murders.
ATLANTA - Should an artist’s lyrics be used against them in criminal cases? One lawmaker said only under certain circumstances.
Rep. Hank Johnson, D-Georgia, recently introduced a new proposal called the "Restoring Artistic Protections Act" or "RAP Act," 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.
"Reality is not always meant to be portrayed in an artistic expression," Johnson said.
The congressman, who represents Decatur, Conyers, Lithonia, Lilburn, and part of Atlanta, co-sponsored the bill with Rep. Jamaal Bowman, D-New York, said it would protect an artist’s creative expression and First Amendment rights.
"The RAP Act creates a presumption that creative content is inadmissible until and unless prosecution can establish certain facts," Johnson said. "The RAP Act sets up a set of guidelines."
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. Johnson said he will likely have to re-introduce his bill next session.