The debate around freedom of expression in hip hop is once again front and center in Washington, as lawmakers bring the RAP Act back to the table. On Thursday, Representatives Hank Johnson of Georgia and Sydney Kamlager-Dove of California reintroduced the Restoring Artistic Protection Act in the House of Representatives. The goal of the bill is to limit the use of song lyrics as evidence in criminal trials unless those lyrics can be directly proven to describe real-life actions or intent.
The RAP Act first made waves when it was introduced in 2022, but it stalled in committee. Now, with stronger momentum and heavy support from music powerhouses like Universal Music Group and Warner Music Group, along with advocacy groups such as the Recording Academy and the RIAA, the measure is drawing fresh attention.
For years, prosecutors have pointed to rap lyrics in court as supposed confessions or depictions of criminal behavior. Advocates say this practice not only misrepresents the artistic nature of hip hop but also targets Black artists disproportionately, ignoring the genre’s legacy of metaphor, hyperbole, and storytelling.
“Freddie Mercury didn’t confess to murder. Johnny Cash wasn’t tried for shooting a man in Reno,” said Rep. Johnson, highlighting what he sees as a cultural double standard.
The issue has been further spotlighted by recent cases like that of Jeffery Williams, known globally as Young Thug. The Atlanta rapper was indicted on RICO charges in Georgia, with prosecutors leaning heavily on lyrics to bolster their argument that his crew, YSL, was a criminal organization. Defense lawyers maintained that YSL is simply a record label, but 17 of his lyrics were allowed as courtroom evidence. Williams eventually accepted a plea after spending over 900 days in custody.
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