On Sept. 30, Gov. Gavin Newsome signed The Decriminalizing Artistic Expression Act, which restricts the use of rap lyrics as evidence in court in California.
Killer Mike, Meek Mill, Too $hort, YG, Ty Dolla $ign, Tyga joined the signing ceremony celebrating the moment. The Black Music Action Coalition called the bill a “crucial step in the right direction."
“For too long, prosecutors in California have used rap lyrics as a convenient way to inject racial bias and confusion into the criminal justice process,” said Dina LaPolt, entertainment attorney and co-founder of Songwriters of North America, according to Variety. “This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression. Thank you, Gov. Newsom, for setting the standard. We hope Congress will pass similar legislation, as this is a nationwide problem.”
E-40, who was also on hand for the signing, thanked Newsome on IG. "Thank you Governor @GavinNewsom for protecting our art and creative expression. Proud to be part of such a historic moment for the culture alongside my peers @MeekMill @YG @TooShort @TyDollaSign @Tyga @KillerMike," he wrote.
On the federal level, the Restoring Artistic Protection Act (RAP Act), which seeks to protect artists from the use of their lyrics being used against them as evidence in criminal and civil proceedings, was introduced in the U.S. House of Representatives, this year. That came on the heels of the ongoing high-profile case of Atlanta rappers Young Thug and Gunna, who were both arrested on RICO charges back in May. Their lyrics were a key component of the charges filed against them.
The use of rap lyrics in court has been an ongoing issue that started long before Young Thug's case, spanning back to the early 90s — Mac “The Camouflage Assassin” Phipps, Boosie Badazz, Mac Dre, Mayhem Mal — are all among the rappers who've had their lyrics used in court.
“Prosecutors, judges, and juries have decided that rap lyrics are autobiographical, they're like diaries,” Erik Nielson, co-author of Rap Lyrics on Trial told Rock The Bells earlier this year. “No other fictional artform is treated that way. And there are plenty of other genres that are replete with violence, whether it's gangster movies, novels, hardcore punk, or horror. It’s not hard for us to understand that these are fictionalized. What you see with rap music is that it is isolated because it's a combination of people believing that rap is real, or young Black men, who are the primary producers of it, are incapable of creative thought. Unfortunately, it maps to stereotypes that many people still have about young Black and Hispanic men.”
