When Maryland lawmakers passed new legislation restricting how rap can be used in criminal cases, it was the latest victory in a five-year effort to limit a practice that critics say hurts free speech and stokes racial bias.
Prosecutors have long cited hip-hop lyrics as evidence to help win convictions against the artists who wrote them, doing so more in more than 800 cases over the past four decades. Though the tactic is used more often against amateurs, big names like Boosie Badazz, Bobby Shmurda and the late Drakeo the Ruler have lyrical indictments, as have Young Thug and Lil Durk in more recent cases.
A growing awareness of the practice has led a chorus of critics — from top artists to industry groups to academics — to speak out against it over the past few years. In a Supreme Court brief filed just last month, attorneys for Travis Scott told the justices that merely “engaging in rap music should not be a death sentence.”
Critics say that using rap as evidence unfairly treats it as a literal statement of fact instead of creative expression, denying hip-hop the full First Amendment protections afforded to other art forms. They also cite empirical studies showing that rap can inject racial bias into court cases, tapping into existing prejudices against young Black men.
Starting at the beginning of the decade, lawmakers began paying attention. Legislators across the country have been limiting when lyrics can get into court, first with a bill that almost passed in New York, then with a groundbreaking California law. And with the support of stars like Jay-Z and Drake and industry bigwigs like Kevin Liles, advocates are now turning their sights on other states and to the federal level.
To get up to speed, here’s a timeline of the battle against rap on trial.
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