The 56-count indictment filed by Fulton County District Attorney Fani Willis could derail the once-prosperous careers of both Atlanta-based artists, but the case could also have an overall impact on Hip-Hop and how rap lyrics are used as evidence in a court of law. 

Nine of Young Thug’s songs are listed in the indictment and could be used in the trial as proof of alleged gang activity and connection to crimes that were committed. Included in the indictment are lyrics from the song “Anybody” where Young Thug raps, “I never killed anybody but I got something to do with that body.” 

When asked during a press conference if the defendants’ lyrics should be protected by the First Amendment, Willis responded by saying, “I believe in the First Amendment, it’s one of our most precious rights. However, the First Amendment does not protect prosecutors from using it as evidence if it is such.”

“Prosecutors, judges, and juries have decided that rap lyrics are autobiographical, they're like diaries,” says Erik Nielson, co-author of Rap Lyrics on Trial. “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.”

In 1993, Snoop Dogg faced life in prison after being charged with 1st-degree murder. During the case, the prosecutor played Snoop’s song “Murder Was the Case” for the jury. Snoop and his bodyguard, McKinley Lee Jr., were eventually found not guilty. 

However, one of the most egregious cases of rap lyrics being used in court came during the 2001 murder trial of No Limit Records artist McKinley “Mac” Phipps Jr. Following a fatal shooting at a nightclub in Slidell, Louisiana, Mac was indicted on a second-degree murder charge. During court proceedings, prosecutors used Mac’s lyrics in an attempt to establish a narrative of him being inherently violent. Mac was convicted of manslaughter and sentenced to 30 years in prison. He served 21 years behind bars before being granted clemency in 2021 for a murder he did not commit. 

“Phipps’ case was absolutely shocking to me,” Nielson shares. “There was nobody who believed that he was actually guilty of this crime. Somebody else confessed. It became clear that authorities targeted him because of his career as a rapper and his association with No Limit. The prosecutor spliced lyrics from different songs together as if they were the same lyric to try to make him sound dangerous. Louisiana was one of the places where you could be convicted over lyrics. There is no case that epitomizes the injustice of this more than Mac’s case.”

One week following the indictments of Young Thug and Gunna, the New York State Senate passed a bill that limits the use of lyrics as evidence in criminal cases. Sponsored by Sen. Brad Hoylman and co-sponsored by Sen. Jamaal Bailey, Senate Bill S7527 also received support from prominent artists such as Jay-Z, Killer Mike, and Meek Mill. 

“We looked at the lyrics of rap music being unfairly utilized against many individuals for simply exercising their right to creative expression,” Sen. Bailey says. “It's important, not just in terms of protecting artists' expression, but it's important in terms of where we're from, which is the birthplace of Hip-Hop. This is an art form that is unfairly targeted.”

The bill does not completely shield rap lyrics from being used in court, but it forces prosecutors to prove that lyrics are “literal, rather than figurative or fictional.” 

Sen. Bailey provides more insight into the details of the bill. 

“It doesn't mean that if you overtly admit to a specific offense on a rap lyric that it cannot be utilized against you,” Sen. Bailey shares. “Hip-Hop artists are saying things that are specifically artistic and those things should not be utilized in court in order to create a perception that someone has a propensity to act in a certain way. It's a standard that would make prosecutors provide clear and convincing evidence that this creative expression is literal. What we're trying to do is to make sure that we're protecting free speech, artistic integrity, and artistic expression.”

Although Bill S7527 will provide a form of protection for artists in New York, in other states across the nation, rap lyrics remain in the crosshairs. In 2021, the Court of Appeals of Maryland ruled that rap lyrics are admissible evidence. And there have been instances in multiple states where rap lyrics were introduced in criminal cases. 

“There's the New Jersey case with Vonte Skinner, there's one in Massachusetts, and even a case in Mississippi,” Nielson says. “Even though we've had some of those high profile cases reversed, if a prosecutor can use rap lyrics against you, there is a very slim chance of getting an appeals court at any level to reverse it.”

Another aspect of Young Thug and Gunna’s case is the RICO indictment which allows the prosecutor to charge numerous members of YSL (Young Stoner Life). Although registered in Georgia as a record label, the prosecutor alleges that it’s a criminal organization. 

Crews have served as an intricate part of Hip-Hop since its inception. From breakdancing and emcee crews that showcased skills in the Bronx during the early days of the culture to renowned collectives such as the Juice Crew, Native Tongues, Wu-Tang Clan, Dungeon Family, and Black Hippy, Hip-Hop crews are a way for artists to move with an entourage while also providing experiences and opportunities for their buddies from the hood. 

In the indictment, Gunna is charged with a single count of conspiracy to violate Georgia’s RICO (Racketeer Influenced and Corrupt Organization) Act. Currently, it appears that Gunna, who is signed to YSL as an artist, may only be guilty by association. 

“Being guilty by association is something that often happens to people of color, specifically young men of color,” Sen. Bailey says. “It is something that unfortunately happens to many people, regardless of what they've done by virtue of association.” 

Rapper and activist David Banner takes it a step further by pointing out that organizations with a history of racial violence are rarely charged in such cases. 

“When you think about the RICO Act, you have to wonder why they haven't used that against the Ku Klux Klan,” David Banner says. “Especially when the federal government says that the biggest domestic terror threat to America are white males. This country was built on the blood of slavery. So any way that they can put Black bodies in jail, they’ll find a way to do it.”

Young Thug and Gunna’s case could serve as a watershed moment in Hip-Hop. If they are convicted, it could lead to more indictments with rap lyrics serving as key evidence for prosecutors. Again, the line between censorship and artistic expression could become thinner. 

“Can you imagine N.W.A. not being able to say ‘F*** Tha Police’ in 1988 without constitutional protection?” Nielson emotes. “We all have to understand that if you take away creative expression, the people that you're going to take it away from first are going to be the people who have always been marginalized and always been silenced."