Gov. Gavin Newsom Signs Law Limiting Rap Lyrics Use as Evidence

A bill that restricts the use of rap lyrics in criminal court cases in California was signed into law on Friday by California Governor Gavin Newsom. A court must "Examine specific elements when weighing the probative value of that evidence against the serious threat of undue prejudice in a criminal action where a party seeks to enter as evidence a form of creative expression." The new regulation highlights a more significant national debate about Banning the use of rap lyrics as evidence in court, a practice that some have criticized as discriminatory and a violation of First Amendment rights. Although there has been no progress on the legislation in the House since it was referred to the House Judiciary Committee, Democratic US Representatives Hank Johnson of Georgia and Jamaal Bowman of New York proposed legislation in July that would prohibit lyrics from being used as evidence in legal claims. The Democratic governor stated on Friday, "Artists of all kinds should be able to create without fear of unfair and biased prosecution." In addition, "California's culture and entertainment sector set patterns throughout the world, so it is appropriate that our state is playing a national leadership role in defending free speech and making sure that artists are not subjected to discriminatory laws." The new law mandates that California courts consider testimony regarding the context of a particular genre of artistic expression, "research demonstrating that the introduction of a particular type of expression introduces racial bias into the proceedings," as well as evidence refuting those findings, if relevant and offered.   The law, unanimously approved by the California state Senate and Assembly, forbids the use of rap lyrics in criminal court proceedings and covers "performance art, visual art, poetry, literature, film, and other media." According to Newsom's office, rap stars Meek Mill, Too $hort, E-40, Killer Mike, YG, Ty Dolla $ign, and Tyga were present during a video conversation with the California governor as he signed the law. Rap music is the only fictitious musical form employed in this way, according to academics Erik Nielson and Andrea Dennis, authors of "Rap on Trial: Race, Lyrics, and Guilt in America." This is because its significant creators are young Black men, whom the criminal justice system also targets. In addition, they claim that because the lyrics frequently contain first-person narrative, "criminal undertones," and "violent imagery," they risk being interpreted by law authorities as self-incriminating. Following the indictment of Grammy-winning rapper Young Thug on RICO charges in Fulton County, Georgia, earlier this year, calls from the music industry for laws addressing the use of lyrics in criminal cases have increased.