New York Bill Would Stop Lyrics From Being Used As Evidence

LOWER MANHATTAN, NY — Lower Manhattan State Senator Brad Hoylman, along with State Senator Jamaal Bailey of the Bronx, introduced legislation dubbed "Rap Music On Trial" on Wednesday to stop song lyrics from being used as evidence in criminal cases.

Hoylman, who represents the West Village, said the legislation will protect all artists and content creators, "including rappers from having their lyrics wielded against them by prosecutors."

“Art is creative expression, not a blueprint of criminal plans," Hoylman said in a news release. "Yet we’ve seen prosecutors in New York and across the country try to use rap music lyrics as evidence in criminal cases, a practice upheld this year by a Maryland court. It’s time to end the egregious bias against certain genres of music, like rap, and protect the First Amendment rights of all artists."

Hoylman and Bailey pointed specifically to the 2019 case of Daniel Hernandez, better known as Tekashi69 or 6ix9ine, whose lyrics were introduced in a New York court in order to compel him to serve as a government witness.

As recently as January, a Maryland Appeals court allowed prosecutors to submit rap lyrics sung in a jailhouse phone call as evidence in a man's murder trial.

While the lyrics were allowed to be submitted, a judge eventually stated the "rap lyrics had little to no probative value."

The legislation from Hoylman and Bailey, if passed, would guarantee freedom of creative expression in New York by prohibiting prosecutors from using "creative expression" as criminal evidence.

"In many cases, even the mere association with certain genres, like hip-hop and rap, leads to heightened scrutiny in the courtroom and is used to presume guilt, immorality, and propensity for criminal activity," Bailey said in a news release. "This bill will finally put an end to this grossly discriminatory practice by ensuring that there is a valid nexus between the speech sought to be admitted into evidence and the crime alleged.”

In 2014, the New Jersey Supreme Court sided with Hoylman and Bailey, noting that no one believes Bob Marley literally "shot the sheriff" or that Edgar Allen Poe had a man under his floorboards.

You can read through the full legislation here.