California has become the first state to restrict the use of rap lyrics as evidence in court. On Friday, Governor Gavin Newsom hopped on Zoom with rappers like Tyga, Meek Mill, and Ty Dolla $ign to sign the landmark bill into law. In a press release, the Black Music Action Coalition called the move a “crucial step in the right direction,†pointing to the recent indictment of Young Thug and Gunna, whose lyrics have been quoted in the ongoing YSL RICO case.
The Decriminalizing Artistic Expression Act, or AB 2799 makes it more difficult to use “creative expression†— think lyrics and music videos — as evidence in criminal cases. Courts must now weigh the value of such evidence against the potential introduction of racial bias, and the decision cannot be made in front of a jury. “This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression,†entertainment attorney Dina LaPolt said in a statement.
A similar New York bill that was endorsed by Jay-Z has not made it to the governor’s desk. Jamaal Bowman and Carolyn Maloney, both U.S. representatives from New York, are also among the co-sponsors for a federal bill that would restrict the wrongful use of lyrics in criminal and civil cases. Known as the Restoring Artistic Protection Act, the proposed legislation was introduced in the House in July.
For now, California remains the only state to have passed this type of bill, an accomplishment that Newsom has taken pride in. “California’s culture and entertainment industry set trends around the world,†he said in a statement, “and it’s fitting that our state is taking a nation-leading role to protect creative expression and ensure that artists are not criminalized under biased policies.â€