Congress to reconsider RAP Act that would limit using lyrics as court evidence

The Restoring Artistic Protection Act was reintroduced in Congress, seeking to protect artists whose lyrics are used against them in court cases.

On Thursday, Reps. Hank Johnson (D-GA) and Jamaal Bowman (D-NY) joined affiliates of the Recording Academy and advocates from the Black Music Action Coalition, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Black Music Collective, and others to host a press conference on Capitol Hill to put the bill back in the spotlight.

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“An attack on the First Amendment is an attack on democracy,” Johnson told the Washington Examiner. “It’s an attack on freedom. We must remain ever-vigilant to protect our freedom. I don’t think there’s any issue of greater importance than ensuring that everyone has equal protection under our constitution.”

The RAP Act was first introduced in July 2022 but fell short because it wasn’t enacted before the last session ended. The bill is the first of its kind at a federal level.

New York was the first state to introduce similar legislation last year, but it has yet to be signed into law. Johnson said both Louisiana and Missouri have similar resolutions in the works, noting the importance that both of those states are Republican-led legislatures.

Last year, California enacted a similar law called the Decriminalizing Artistic Expression Act, halting the use of rap lyrics in prosecutions. Gov. Gavin Newsom (D-CA) signed Assembly Bill 2799 in September 2022, pushing to reduce racial biases against artists in the criminal justice system.

The Recording Academy claimed in a press release that there are about 500 cases in the past 20 years where prosecutors have used lyrics in a criminal trial.

“I think the case against Young Thug and Gunner in Georgia is an example of how creative content can be used against the creator,” Johnson said, noting he can’t speak on the verdict of the case.

Grammy-nominated artist Young Thug was arrested alongside fellow Atlanta rapper Gunna last May on charges of gang activity and conspiring to infringe on the Racketeer Influenced and Corrupt Organizations Act. Gunna walked free after taking a guilty plea last December, but Young Thug’s trial is still underway. Lyrics from nine of his songs were used as evidence in the indictment.

“Speech can either be through the written word, or spoken word, or through a painting, or through a literary offering through a visual depiction,” Johnson said. “That is speech – and rap lyrics are speech, as are country music lyrics, or heavy metal lyrics – that’s speech.”

“And so when freedom of speech is under attack, it’s actually an attack on freedom.”

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The announcement to revive the bill comes after the Recording Academy’s annual Grammys on the Hill event took place Wednesday, a celebration of music where leaders and artists who advocate creators’ rights are honored.

“What’s beautiful about creativity and the arts is it brings people together,” Bowman said during the press conference. “It brings people together from diverse experiences, from diverse backgrounds, regardless of race or age or gender or what have you. It brings people together to create beautiful masterpieces that educate, inform, and inspire the next generation of leaders that we need in Washington and across the country.”