Artists Join Forces to Argue Rap Lyrics Shouldn’t Be Used as Criminal Evidence
Several music industry influencers have united in order to stop the use of rap lyrics from being used as evidence in criminal cases. More and more criminal trials with defendants who are hip hop artists have seen their own music used against them in a court of law. Jay-Z was one of the big names to get involved.
A new law petitions for rap lyrics to be used as criminal evidence; lyrics used in cases previously
New legislation is putting lyrics at risk of being part of the criminalization process. It’s been done before. According to The Guardian, in 2019, prosecutors in a case heavily centered on rapper Tekashi 6ix9ine wanted to include lyrics and music that “provide context” and “pertain to certain disputes” in the case. Tekashi has been someone blackballed from the industry and is considered a “snitch.” During the trial in question, he was questioned about lyrics to his hit single “Gummo” while in court.
In a separate case during the murder trial of rapper Drakeo the Ruler, who was acquitted in 2019, prosecutors included lyrics from his song “Flex Freestyle.” They did so as a strategy to try and prove guilt. Rapper Tay-K had a 2017 hit with The Race before being tried and convicted for murder. The song and its accompanying music video were used by prosecutors as evidence during trial.
Similar practices featuring lyrics as evidence are used overseas, most notably in the United Kingdom. But artists believe it’s against their first amendment rights to use their art as evidence and are speaking out against it.
Jay-Z, Kelly Rowland, Fat Joe, and Robin Thicke are some of the artists in opposition of the law
State senators Brad Hoylman and Jamaal Bailey first tried to prevent prosecutors from citing lyrics except in cases of “clear and convincing proof” of a link between lyrics and a crime last Fall. Now, big names like Jay-Z, Rowland, Joe, Thicke and a host of others are banning together to try and have it ruled as inadmissible evidence. They wrote a letter to the court explaining their side.
“The right to free speech is enshrined in our federal and state constitutions,” Bailey said at the time. “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.” The legislation passed an initial stage in the state senate earlier this week.
Jay-Z’s lawyer also spoke out. “This is a long time coming,” his lawyer Alex Spiro added. In an interview with Rolling Stone Magazine, Shapiro further elaborates, adding: “By changing the law here, you do a lot of good for the cases that it affects, but you also send a message that progress is coming. We expect it will be followed in a lot of places.”
“Our lyrics are a creative form of self-expression and entertainment — just like any other genre,” Fat Joe told the publication, as reported by Baller Alert. “We want our words to be recognized as art rather than being weaponized to get convictions in court.”
The proposed bill, titled Rap Music on Trial, was recently passed and now opens up the possibility for a full vote on the Senate floor.
