Current Legislation
“Rappers should have the same allowances for artistic expression as artists of other music genres, and they should be free to share their creative lyrics without fear of prosecution.”
Our goal is to raise awareness about the discriminatory practice of using artists’ lyrics against them as evidence, a practice known only to affect the hip-hop community. Below are the jurisdictions that have taken action:
Annapolis, Maryland. At the capitol building to support Maryland House Bill (HB) 940. From left to right: Erik Nielson, University of Richmond; Tuma Basa, YouTube; Delegate Marlon Amprey, sponsor of HB 940; Thomas Clees, RIAA; Kevin Liles, 300 Entertainment/Warner; Philip Walotsky, Copper Strategies
California (Passed)
Assembly Bill No. 2799 was signed by California Governor Newsom on September 30, 2022, and became law on January 1, 2023, making California the first state to pass legislation restricting the use of art as evidence. This measure requires “a court, in a criminal proceeding where a party seeks to admit as evidence a form of creative expression, to consider specified factors when balancing the probative value of that evidence against the substantial danger of undue prejudice.”
Illinois (Introduced)
HB3420 was introduced on Feburary 17, 2023 by Rep. Justin Slaughter. This bill would amend the code of criminal procedure of 1963 and “provides that evidence of a defendant’s creative or artistic expression, whether original or derivative, may not be received into evidence against that defendant in a criminal proceeding unless the evidence is determined by the court to be relevant and admissible.”
New Jersey (Introduced)
No. 102, introduced by Sen. Troy Singleton, “J.B.’s Law” amends the rules of evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.
Federal, U.S. Government (Introduced)
H.R.8531, titled the Restoring Artistic Protection Act of 2022 aka the RAP Act, was introduced in the U.S. House of Representatives by Congressmen Hank Johnson (GA-04) and Jamaal Bowman (NY-16) as a measure to 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.”
Louisiana (Passed)
House Bill 475, introduced in the 2023 Regular Session. To enact Code of Criminal Procedure Article 718.2, relative to evidence; to prohibit the admissibility of a defendant’s creative or artistic expression; to provide for exceptions; to provide relative to jury instructions; to provide for definitions; and to provide for related matters. Note: this bill was Republican sponsored.
New York (Introduced)
The “Rap Music on Trial” bill (S7527) was passed by New York’s state senate on May 17, 2022, and while it does not ban song lyrics or other material being presented to a jury, it limits the use of “creative expression” as evidence of a crime. The bill still needs to pass in the New York State Assembly before it can move forward to the governor.
Missouri (Introduced)
House Bill No. 353, titled as the “Restoring Artistic Protection Act of 2023” to provide that evidence of a defendant’s creative or artistic expression, whether original or derivative, is not admissible against such defendant in a criminal case. Note: this bill is Republican sponsored.
Maryland (Introduced)
House Bill 940, introduced on February 28, 2023 by Del. Marlon Amprey (D-40): “HB0940 is a bill to ensure that artistic expression cannot incriminate someone unless the court of law can prove that the lyrics and visual expressions are directly tied to an act or event that would make the person liable.”
“Art is a creative expression, not a blueprint of criminal plans. Yet we’ve seen prosecutors in New York and across the country try to use rap music lyrics as evidence in criminal cases…It’s time to end the egregious bias against certain genres of music, like rap, and protect the First Amendment rights of all artists.”
— NY State Senator Brad Hoylman
“The right to free speech is enshrined in our federal and state constitutions because it is through this right that we can preserve all of our other fundamental rights. The admission of art as criminal evidence only serves to erode this fundamental right, and the use of rap and hip-hop lyrics in particular is emblematic of the systemic racism that permeates our criminal justice system.”