Gov. Newsom signs bill restricting use of rap lyrics in criminal trials
On Friday, California Gov. Gavin Newsom signed the Decriminalizing Artistic Expression Act, which limits the ways an artist’s lyrics can be used against them as evidence in criminal cases. While it couldn’t ban the use of lyrics outright, it establishes a presumption that lyrics have minimal value as evidence. California prosecutors will now need to show a judge that lyrics were written around the time of the crime, have some specific similarity to the crime, or depict “factual details” about the crime that are not known to the public.
The bill covers all forms of creative expression but is especially salient for hip-hop artists, whose slice-of-life lyrics have frequently been cited by prosecutors in criminal trials as proof of guilt. The late L.A. rapper Drakeo the Ruler, and more recently Atlanta’s Young Thug and Gunna, all had their own lyrics used against them in charges ranging from murder to conspiracy to violate the RICO Act.
The California State Assembly and Senate unanimously approved the bill in August. High-profile rap artists Meek Mill, Killer Mike, YG, Ty Dolla Sign, Too Short, E-40 and Tyga attended the virtual ceremony as Gov. Newsom signed the bill into law.
