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.
Prosecutors have contended that lyrics sometimes contain open confessions to crimes, while critics argue that the evidence unfairly targets people of color, as rappers’ songs — which are often figurative — can embrace themes of criminality and violence.
“No other music genre, no other art genre gets thrown in people’s faces like that, and can drag them into court or put them in jail,” Chessie Thacher, a senior ACLU staff attorney, told Yahoo News.
“Most rappers are Black men or Latino men, or men from low-income backgrounds. And that’s completely unacceptable. It’s obviously a racial justice issue,” said Rep. Jamaal Bowman, D-N.Y.
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