California has become the first state to restrict the use of creative expression in a criminal proceeding, and artists and free speech advocates are hoping that more states and the federal government will follow suit.
, indicted two prominent artists, the Grammy-winning Young Thug and Grammy-nominated Gunna, alongside 26 other defendants, in a controversial August prosecution that relies in part on rap lyrics. Both artists are accused of being part of a criminal conspiracy that includes theft and distributing narcotics, and both have maintained their innocence.
More than 500 cases between the early 1990s and 2017 used rap lyrics as evidence, according to Erik Nielson, a professor at the University of Richmond and author ofwho says that is just the tip of the iceberg. “That [number] really doesn't reflect the pervasiveness of the practice. We know the number is far higher — thousands, maybe tens of thousands,” he said.
Recently a California judge overturned the conviction of Gary Bryant Jr., an amateur rap artist who was charged with murder in 2014. The judge ruled that the rap lyrics used in his trial likely caused racial bias. which requires prosecutors who want to admit rap lyrics and other forms of artistic expression to hold a separate hearing, away from the jury, to prove that the evidence is relevant to the case. During the historic signing, several artists gathered virtually, including Meek Mill, Killer Mike, Ty Dolla Sign, Tyga, Yg, E40 and Too Short.
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