Yahoo Movies California bill restricts use of rap lyrics as evidence in criminal trials
In the state that sometimes seems as untouchable as Eliot Ness, a new bill has been signed into law that limits the use of rap lyrics as evidence in criminal trials.
California Gov. Gavin Newsom signed the Decriminalizing Artistic Expression Act, which restricts the ways an artist's lyrics can be used against them in criminal proceedings, on Friday. While it does not ban the use of lyrics from the courtroom completely, it establishes the agreement that lyrics have minimal value as evidence, reports the Los Angeles Times.
Prosecutors in California, the first state to enact such a law, must show that the lyrics were written around the time of a crime, have some specific similarity to said crime, or depict "factual details" about the crime otherwise unknown to the public. The bill encompasses "performance art, visual art, poetry, literature, film, and other media" but will be particularly notable for hip-hop artists, whose lyrics have often been cited by prosecutors as proof of guilt.
Jerod Harris/Getty Images California Gov. Gavin Newsom
Young Thug, Gunna, and the late L.A. rapper Drakeo the Ruler have all reportedly had their own lyrics used against them in criminal proceedings. Both Young Thug and Gunna have been charged with conspiracy to violate Georgia's Racketeer Influenced and Corrupt Organizations Act, or RICO, and have pleaded not guilty, while the Drakeo the Ruler was acquitted of felony murder charges in 2019.
Critics have long called the strategy of using rap lyrics as evidence a racist double standard and an infringement of the First Amendment.
On Friday, rap artists Meek Mill, Killer Mike, Ty Dolla $ign, and Tyga, among others, attended the virtual ceremony during which Gov. Newsom signed the bill into the law.
CA is the 1st state to ensure creative content - like lyrics & music videos - can't be used against artists in court without judicial review.
Thanks, @JonesSawyerAD59 for your work & @yg @KillerMike @tydollasign @Tyga @MeekMill @E40 @TooShort for your dedication to the cause. pic.twitter.com/cpOSCiHh0X— Office of the Governor of California (@CAgovernor) September 30, 2022
"Artists of all kinds should be able to create without the fear of unfair and prejudicial prosecution," Newsom said in a statement. "California's culture and entertainment industry set trends around the world, and it's fitting that our state is taking a nation-leading role to protect creative expression and ensure that artists are not criminalized under biased policies."
Nicholas Hunt/Getty Images; Matthew Baker/Getty Images; Paras Griffin/Getty Images Meek Mill; Killer Mike; Ty Dolla $ign
Mitch Glazier, CEO of the Recording Industry Association of America, added, "Today we applaud Governor Newsom on this pivotal decision that will allow all creators to express themselves and follow their artistic vision without barriers of prejudice! The RIAA has been a vocal advocate for AB 2799 because all too often rap and hip-hop artists have suffered for the same kind of hyperbole and imagery other genres routinely use without consequence. With the signing of the California rap lyrics bill into law, voices that may have been stifled are now fully open to expression."
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