If you’re a fan of rap music, you’ve likely seen the headlines: Prosecutors are putting rap lyrics on trial, using the creative expressions of Black artists as so-called “evidence” against them in court. It’s a troubling trend that’s been going on for decades, and now the state of Maryland is stepping up to put a stop to it.
This week, the Maryland House of Delegates unanimously passed a bill that would restrict prosecutors from using an individual’s creative expression as evidence of a crime, with a particular focus on rap lyrics. The bill, known as the “Restoring Artistic Protection Act,” aims to protect the free speech rights of artists whose words are being taken out of context and weaponized against them in the criminal justice system.
The practice of using rap lyrics as evidence is nothing new, but it’s one that disproportionately targets Black artists. From Kendrick Lamar to 21 Savage, prosecutors have long relied on the vivid storytelling and gritty realism of rap to try and paint Black musicians as criminals, regardless of whether the lyrics reflect their actual lived experiences or not.
But as the Maryland bill makes clear, this approach is not only deeply problematic, but a clear violation of the First Amendment. “Rap and hip-hop are forms of creative expression, just like novels, movies, or other art forms,” the bill’s sponsor, Delegate Vanessa Atterbeary, said in a statement. “They should not be unfairly used to incriminate people in our courts.”
And she’s absolutely right. Rap lyrics are no more “evidence” of a crime than the plot lines of a crime novel or the gritty depictions of violence in a Scorsese film. They’re creative expressions, products of the human imagination that reflect the lived experiences of the artists who create them. To use them as a cudgel against those very artists is not only a gross miscarriage of justice, but a troubling infringement on the fundamental right to free speech.
That’s why the Maryland bill is so important. By establishing clear guidelines around the use of creative expression in criminal trials, it sends a powerful message that the days of prosecutors weaponizing rap lyrics are numbered. And with any luck, it will inspire other states to follow suit, putting an end to this disturbing practice once and for all.
