California Legislature Passes Rap Lyrics Bill, Which Awaits Gov. Newsom’s Signature
The California Senate and Assembly both unanimously approved a bill today (August 22) that would restrict the use of rap lyrics as evidence, Billboard reports. The bill would ban lyrics from being cited in court cases unless prosecutors can illustrate that the words are directly relevant to the case in question and won’t “inject racial bias into the proceedings.” The bill will now go to Gov. Gavin Newsom’s desk, and he is reportedly expected to sign it into law.
The bill would also require that courts consider testimony from experts on the genre of expression being discussed by prosectors, as well as testimony citing research and studies regarding how a genre is met with racial bias.
“Under current law rap artists can feel as though they are being read their Miranda Rights before they even begin to write music: ‘You have the right to remain silent. Anything you say can and will be used against you in a court of law,’” Assemblymember Reggie Jones-Sawyer, the bill’s author, offered this statement on today’s events. “We should not stymie the creative expression of artists. Unfortunately, racial biases play a role when talking about musical genres. Rap music lyrics share many similarities to that of other musical categories yet are singled out by the judicial system to characterize an artist. AB 2799 would disallow prosecutors from triggering racial biases or reinforcing racial stereotypes and it gives judges guidance on the use of creative expression in court.”
A similar bill was passed in the New York State Senate earlier this year. California’s bill arrives as Atlanta rappers Young Thug and Gunna were arrested in Georgia on RICO charges, and the indictment extensively cited the artist’ lyrics. On a federal level, a new bill called the Restoring Artistic Protection Act (or RAP Act) was introduced in the House; it similarly seeks to limit how creative expression can be used against artists in court.
