Jay-Z and Other Rappers Want Prosecutors to Stop Using Rap Lyrics in Court Cases: “We Want Our Words to be Recognized as Art”

Jay-Z, Meek Mill, Fat Joe, Big Sean, Kelly Rowland, Killer Mike, and more are just some of the musicians who have signed a proposed New York Bill called Rap Music on Trial (S.7527/A.8681), which would stop the use of rap lyrics against them in court cases. The bill would require prosecutors to provide “clear and convincing” evidence that a defendant’s creative work is “literal, rather than figurative or fictional.”

A letter, co-written by Jay-Z’s lawyer Alex Spiro and University of Richmond professor Erik Nielson, was addressed to NY lawmakers. It stated:

“Rather than acknowledge rap music as a form of artistic expression, police and prosecutors argue that the lyrics should be interpreted literally — in the words of one prosecutor, as ‘autobiographical journals’ — even though the genre is rooted in a long tradition of storytelling that privileges figurative language, is steeped in hyperbole, and employs all of the same poetic devices we find in more traditional works of poetry.

“This tactic effectively denies rap music the status of art and, in the process, gives prosecutors a dangerous advantage in the courtroom. By presenting rap lyrics as rhymed confessions of illegal behavior, they are often able to obtain convictions even when other evidence is lacking.”

Former rapper Ra Diggs was one of the many individuals who have had their songs and music videos used as evidence because they were, according to prosecutors, “literal recountings of his crimes.” Diggs was sentenced to 12 life terms plus 105 years in prison after being convicted on 21 federal charges in 2014, including three murders, racketeering, and drug dealing.

“Our lyrics are a creative form of self-expression and entertainment – just like any other genre,” said Fat Joe. “We want our words to be recognized as art rather than being weaponized to get convictions in court. I hope the governor and all the lawmakers in New York take our letter into consideration, protect our artistic rights and make the right decision to pass this bill.”

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