Rap lyrics on trial: The criminalization of rap lyrics and first amendment protections of freedom of expression
Presentation Type
Abstract
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
25-4-2025 12:00 PM
End Date
25-4-2025 1:00 PM
Description
Artistic expression is recognized as protected by the First Amendment. Rap music is a very popular form of musical expression, associated with Black artists and culture. Prosecutors trying rap artists for alleged crimes have attempted to use their lyrics as evidence against them. Rap artists argue that their lyrics are mere fiction and that since rap music is linked with Black artists and culture, allowing its use as evidence against them appeals to racial biases of jurors, thus prejudicing a defendant’s right to a fair trial. To address that issue, federal and state legislation has been introduced to limit the use of rap lyrics as evidence in criminal trials. Courts throughout the country have considered similar issues. This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding. I used qualitative research methodology, specifically textual analysis, to analyze sources from the disciplines of law and racial studies, and identified conflicting disciplinary insights. I then found common ground between insights and integrated them to arrive at a more comprehensive understanding. That permits me to suggest resolutions to the problem. I have not yet concluded my research, but, I conclude that Congress and the states should enact legislation barring or limiting the use of rap lyrics as evidence in criminal prosecutions of rap artists. Further, courts should carefully balance attempts to use rap lyrics as evidence in criminal trials of rap artists, against an artist’s First Amendment rights and rights to a fair trial, free of racial bias.
Rap lyrics on trial: The criminalization of rap lyrics and first amendment protections of freedom of expression
Artistic expression is recognized as protected by the First Amendment. Rap music is a very popular form of musical expression, associated with Black artists and culture. Prosecutors trying rap artists for alleged crimes have attempted to use their lyrics as evidence against them. Rap artists argue that their lyrics are mere fiction and that since rap music is linked with Black artists and culture, allowing its use as evidence against them appeals to racial biases of jurors, thus prejudicing a defendant’s right to a fair trial. To address that issue, federal and state legislation has been introduced to limit the use of rap lyrics as evidence in criminal trials. Courts throughout the country have considered similar issues. This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding. I used qualitative research methodology, specifically textual analysis, to analyze sources from the disciplines of law and racial studies, and identified conflicting disciplinary insights. I then found common ground between insights and integrated them to arrive at a more comprehensive understanding. That permits me to suggest resolutions to the problem. I have not yet concluded my research, but, I conclude that Congress and the states should enact legislation barring or limiting the use of rap lyrics as evidence in criminal prosecutions of rap artists. Further, courts should carefully balance attempts to use rap lyrics as evidence in criminal trials of rap artists, against an artist’s First Amendment rights and rights to a fair trial, free of racial bias.
Comments
Poster presentation at the 2025 Student Research Symposium.