RAP Act Reintroduced In Congress, Aims To Ban Use Of Lyrics As Court Evidence

BYGabriel Bras Nevares992 Views
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WASHINGTON, DC - MARCH 01: U.S. President Joe Biden delivers the State of the Union address during a joint session of Congress in the U.S. Capitol’s House Chamber on March 1, 2022 in Washington, DC. During his first State of the Union address, Biden was expected to speak on his administration’s efforts to lead a global response to the Russian invasion of Ukraine, work to curb inflation and to bring the country out of the COVID-19 pandemic. (Photo by Jim Lo Scalzo-Pool/Getty Images)
Democratic congressmen Hank Johnson and Jamaal Bowman brought the bill back to attention.

The Restoring Artistic Protection (RAP) Act was a bill introduced in the U.S. Congress in July of last year. Just when we thought it was going nowhere, two congressmen reintroduced the bill and brought it back to national attention. Moreover, the bill aims to protect artists whose lyrics are wrongfully used to determine their verdict in a court case. Democrats Hank Johnson and Jamaal Bowman also participated in a livestream hosted by the Recording Academy with various First Amendment advocates fighting for free speech. Furthermore, these included the Black Music Action Coalition (BMAC), SAG-AFTRA, the Black Music Collective, and others.

Of course, the most present example of lyrics as evidence is currently the RICO trial of Young Thug and YSL as a whole. Prosecutors used various lyrics to paint the crew as a criminal gang, which Gunna supported through statements when he took his Alford plea. Since 2020, over 500 criminal cases involved prosecutors using an artist's lyrics against them as evidence. With this in mind, the RAP Act would add a presumption to the Federal Rules of Evidence that would limit the ability to present said artistic expression against them in court.

RAP Act Returns To Congress

WASHINGTON, DC - APRIL 27: U.S. Representative Jamaal Bowman and U.S. Representative Hank Johnson speak during Grammys On The Hill: Advocacy Day on April 27, 2023 in Washington, DC. (Photo by Paul Morigi/Getty Images for The Recording Academy)

To elaborate, Willie "Prophet" Stiggers, who co-founded BMAC and acts as its chair, gave low-profile examples of this bill's necessity. One of these is the case of Derek Foster, who the court convicted in 1991 and who used a rap verse in his notebook against him, even though the notebook did not relate as evidence to his charges. Another case he mentioned was that of Jonair Tyreece Moore. Prosecutors gained permission to show 20 minutes of rap videos, which the court found irrelevant to his charges. Moreover, the prosecution intended to "show his knowledge of drug distribution and his motive for engaging in it."

Of course, many believe that this is a lost cause already. However, if more prominent figures in hip-hop and beyond support it, a continuous fight for these rights until they see recognition could follow. Until then, courts may continue to subvert and warp artistic expression in lieu of hard evidence to land innocent artists in prison. Regardless of your take, come back to HNHH for the latest on the RAP Act and other news in the hip-hop world.

About The Author
Gabriel Bras Nevares is a staff writer for HotNewHipHop. He joined HNHH while completing his B.A. in Journalism & Mass Communication at The George Washington University in the summer of 2022. Born and raised in San Juan, Puerto Rico, Gabriel treasures the crossover between his native reggaetón and hip-hop news coverage, such as his review for Bad Bunny’s hometown concert in 2024. But more specifically, he digs for the deeper side of hip-hop conversations, whether that’s the “death” of the genre in 2023, the lyrical and parasocial intricacies of the Kendrick Lamar and Drake battle, or the many moving parts of the Young Thug and YSL RICO case. Beyond engaging and breaking news coverage, Gabriel makes the most out of his concert obsessions, reviewing and recapping festivals like Rolling Loud Miami and Camp Flog Gnaw. He’s also developed a strong editorial voice through album reviews, think-pieces, and interviews with some of the genre’s brightest upstarts and most enduring obscured gems like Homeboy Sandman, Bktherula, Bas, and Devin Malik.
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