The Decriminalizing Artistic Expression Act, AB-2799, requires a court hearing to determine if an artist’s lyrics are able to be used against them in a criminal proceeding in a bid to help eliminate “racial bias” and “prejudice” from proceedings. “Artists of all kinds should be able to create without the fear of unfair and prejudicial prosecution,” Newsom said during an online forum with numerous rappers and music industry professionals. “California’s culture and entertainment industry set trends around the world 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.” California is the first state in the U.S. to pass such legislation, which is supported by artists across the country. “For too long, prosecutors in California have used rap lyrics as a convenient way to inject racial bias and confusion into the criminal justice process,” said Dina LaPolt, entertainment attorney and co-founder of Songwriters of North America. “This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression. Thank you, Gov. Newsom, for setting the standard. We hope Congress will pass similar legislation, as this is a nationwide problem.” Currently, two mainstream rappers — Young Thug and Gunna — are having their lyrics used against them in court proceedings in which the two are accused of charges related to gang activity and conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO). Prosecutors cited lyrics from multiple songs, which the court considered “an overt act in furtherance of the conspiracy,” according to Variety. LaPolt said it is “unprecedented racism,” citing multiple country songs featuring lyrics that discuss murder and the fact that, in those cases, lyrical content is treated purely as art instead of evidence. “California’s culture and entertainment industry set trends around the world 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,” Newsom said. Though some legislators, activists, and music artists want similar legislation enacted throughout the entire country, there is still a divide over whether lyrics should be used as evidence and if doing so is an act of racial bias. Newsom’s signing of AB-2799 — which was passed unanimously in the state Senate in August — comes a month after a Georgia prosecutor vowed to continue using rap lyrics in criminal prosecutions. On Aug. 30, Fulton County District Attorney Fani Willis, a black female, delivered a message to Atlanta-based rappers, warning them, “You do not get to commit crimes in my county and then decide to brag on it, which you do that for a form of intimidation and to further the gang, and not be held responsible.” She added: “I have some legal advice: Don’t confess to crimes on rap lyrics if you do not want them used, or at least get out of my county.”California Governor Gavin Newsom has signed into law a bill that blocks prosecutors from using rap lyrics as evidence in criminal cases.
