California law offers protection for artists' lyrics

Music has always been a creative outlet for individuals to showcase their talent and imagination by creating songs others can enjoy. Creators frequently take artistic liberty with lyrics, keeping people guessing as to the real meaning behind the song, like “Flowers” by Miley Cyrus, while simultaneously generating a lot of buzz.

Lyrics that refer to criminal activity are certainly nothing new to the industry, with some referencing true events. Others, however, are simply tongue in cheek and have no basis in reality.

California became the first state in the nation to restrict the use of rap lyrics in court when Assembly Bill 2799 unanimously passed and was signed into law by Governor Newsom in late 2022. The law states “[i]n any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that evidence against the substantial danger of undue prejudice” must consider specific factors. The court must also make this determination “outside the presence and hearing of the jury.”

Rap music has impacted racial bias already existing in the judicial system, as the primary producers of this genre are Black men. Many lyrics are told from a first-person perspective, leading prosecutors to argue that the words are self-incriminating, using them as evidence against the accused. Rapper Young Thug’s 2022 Georgia RICO indictment included his and other defendants’ social media postings, images and song lyrics.

The law applies to multiple forms of creative expression, including music videos, offering artists broader protection. The goal is to reduce racial bias in California’s criminal courts, and frankly this is something needed in all 50 states. New York proposed a similar bill, but it did not receive approval by the State Assembly.

Racial bias and prejudice in the court system is a serious and long-standing issue. By passing laws like this, the hope is that other states follow suit and thoroughly investigate how it can take action. Doing so would be music to all of our ears.