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free speech

With the inauguration of a new president just six weeks away, many in country music’s creative community recognize they have a role to play.
In his first administration, Donald Trump was frighteningly comfortable making life difficult for people who exercised their First Amendment freedom of speech rights — threatening, for example, to revoke TV licenses over negative coverage and calling for a federal investigationof Saturday Night Live over a skit.

For his second administration, Trump and some of his cabinet nominees have vowed to exact revenge on his perceived enemies, including journalists whose coverage he deems unflattering. Some former White House staff and advisers say Trump aspires to rule as an autocrat.

Songwriters, artists and musicians — like reporters — make their living transmitting messages, and many are aware that on certain days, they may be led to create music that might seem contrary to a thin-skinned ruler. Do they self-edit and slink to the next subject? Or do they stand up and speak their piece?

Songwriter Dan Wilson, who co-wrote Chris Stapleton’s  “White Horse,” which won the Country Music Association’s single and song of the year, is familiar with the issue. He worked with The Chicks, co-writing the Grammy-winning “Not Ready To Make Nice” after they were booted out of country’s mainstream for criticizing then-President George W. Bush and the Iraq War. 

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“As I’ve learned firsthand in the past, critiquing the president can be a fraught and dangerous thing to do,” Wilson said on the red carpet before the CMA Awards. “Generally, doing what artists do anyway, which is pointing things out that no one else will talk about, that could be a dangerous thing to do, but I don’t think that’s going to stop.”

Most songwriters, particularly in country music, don’t address political topics in their work on a regular basis. And plenty of those creators — when pressed in recent weeks on how Trump’s return to the White House might influence their art — shrugged off the subject, saying they were apolitical or didn’t feel comfortable talking about it publicly.

But others were particularly sensitive about the subject. In the past, Trump has incited his followers to intimidate his detractors, and many see his return to office as a threat to their personal freedoms and, possibly, to their safety. Artists are already acutely aware of the potential reaction of the audience and media gatekeepers.

“You always think about that stuff,” Phil Vassar noted at the ASCAP Country Awards red carpet. “You’re writing songs — ‘Can I say that in a song?’ ”

Under normal conditions, songwriters ask that question to avoid commercial and/or artistic repercussions. But in authoritarian regimes, expression is tightly guarded, creating additional emotional hurdles. In Russia, the population is famously loath to speak ill of top government officials. Vladimir Putin has jailed artists whose music opposes his rule. In Afghanistan, music has been outlawed in its entirety.

“The arts are frightening because the arts reveal people to themselves,” Rosanne Cash said at a Dec. 4 party for her new Country Music Hall of Fame and Museum exhibit, “Rosanne Cash: Time Is a Mirror.” “The arts are inherently political in that bigger sense, that it changes people and wakes them up.”

Not everyone sees the incoming administration as a threat. Jason Aldean, Chris Janson and Brian Kelley all participated in the Republican Convention in July, and Big Loud artist Lauren Watkins is hopeful that “we are going to have more freedom of speech.” 

Meanwhile, Julie Williams, a mixed-race, queer artist, is already concerned about being canceled by emboldened conservatives under a Trump administration. The day after the election, she wasn’t convinced she had the strength to play a Nov. 7 show celebrating her new EP, Tennessee Moon. But the audience response helped her recognize that her songs might be even more important over the next four years.

“For me, when I get a chance to be onstage and sing songs about growing up in the South or my queer journey, it makes me feel like I have a little bit of control, a little bit of power, over what’s happening in the world,” she said on the CMA Awards carpet. “While I can’t change what’s happening at the national level at the moment, at my shows, I can help create an environment that people feel like they belong, that they feel like there’s somebody that loves them, and just to share my stories and hope that the audience hears themselves in it.”

It’s not only the songwriters and artists who sense they have a mission. Found Sound Media founder Becky Parsons, who specializes in management and PR for women and minority artists, is encouraging her acts — including Sarahbeth Taite and Fimone — to present themselves authentically through their art. And she intends to do that herself.

“I’m not going to be silent,” Parsons said on the CMA Awards carpet. “I’m not going to sit down and play by your rules. I’m going to break your rules. I’m going to create the world that I want to see. Not everybody has the luxury to do that, but thankfully, I do, and that’s the kind of future in country music and the world that I want to see.”

For many artists, the mission headed into the new administration is less about confrontation than about bringing disparate people together. Willie Nelson famously did that by attracting an audience of cowboys, college students and hippies with country music in the mid-1970s. Today, The War and Treaty, Charlie Worsham, Home Free, Frank Ray and Niko Moon aim to act as a bridge between communities.

“I’m kind of over being on any one team, and I’m ready to talk to people — especially people that I don’t agree with — and better understand what their plight is,” Worsham said on the CMA carpet. “And I think country music is uniquely poised to speak to this moment.” 

Moon is similarly dedicated to putting “love and positivity out there into the world.”

“We’re living in strange times,” he said, “but that doesn’t mean we have to be strangers. We’re more similar than we are different.”

That said, if Trump follows the Project 2025 agenda, as many fear he may, it is likely to embolden his most ardent supporters, who have at times resorted to violence — in Charlottesville, Va., in 2016 or in the Jan. 6, 2021, attack on the Capitol, to name two examples. It would be easy, in such an atmosphere, for cultural groups under siege to withdraw from the public space. But that’s all the more reason, openly gay country artist Chris Housman said, for creatives to speak out. He concedes that he went into a mini-depression after the election and admits that he’s among the faction of Americans who considered leaving the country. But he’s not going anywhere.

“I get so much inspiration and motivation out of challenging stuff and uncertainty and being uncomfortable,” Housman said on the CMA carpet. “It kind of feels like it’s ground zero here in the South, and in America in general, right now. If everybody leaves, if all the queer people leave, then it’s not going to change anything. So I’m just trying to dig in for that motivation and inspiration.”

Digging in against an autocrat is not comfortable. But staying quiet has consequences, too. As Thomas Jefferson noted, “All tyranny needs to gain a foothold is for men of good conscience to remain silent.” Creatives who self-censor to avoid controversy might make their lives a little easier for the short-term, but they also won’t make much of a long-term difference. Artists who stood up in the past — such as Bob Dylan, Woody Guthrie, Bob Marley and Johnny Cash — influenced the eras in which they made their music, but they also helped to improve future generations’ understanding of their times.

“A lot of the reason that we are able to remember fascists and dictators is because of the work of creatives, because of the work that we’ve done in documenting things from our authentic perspective,” said Supreme Republic Entertainment founder Brittney Boston, whose clients include rapper DAX and country singer Carmen Dianne. “I think it’s really important as an artist right now to be honest, to write from your heart, because a lot of people are going to be too scared to do that, and people are going to be craving that authenticity.”

If nothing else, the creative class has an opportunity as Trump moves into office threatening retribution. On those occasions when artists or songwriters have something to say, but hold back to avoid scrutiny, they chip away at their own freedoms. Those who decline to self-censor their work often discover a greater sense of empowerment, even as they continue a free-speech tradition that was etched into the Constitution.

“You find the limits of your courage, don’t you?” Rosanne Cash said rhetorically. “Let’s just go for it.” 

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This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Lizzo fights back against sexual harassment allegations with the help of a famous lawyer and a creative legal argument; a federal court issues an early ruling in an important copyright lawsuit over artificial intelligence; Kobalt is hit with a lawsuit alleging misconduct by one of the company’s former executives; and much more.

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THE BIG STORY: Lizzo Hits Back With … Free Speech?

Three months after Lizzo and her touring company were accused of subjecting three of her backup dancers to sexual harassment, religious and racial discrimination and weight-shaming, her lawyers filed their first substantive response – and they didn’t hold back.

“Salacious and specious lawsuit.” “They have an axe to grind.” “A pattern of gross misconduct and failure to perform their job up to par.” “Fabricated sob story.” “Plaintiffs are not victims.” “They are opportunists.”

“Plaintiffs had it all and they blew it,” Lizzo’s lawyers wrote. “Instead of taking any accountability for their own actions, plaintiffs filed this lawsuit against defendants out of spite and in pursuit of media attention, public sympathy and a quick payday with minimal effort.”

That’s not exactly dry legalese, but it’s par-for-the-course in a lawsuit that has already featured its fair share of blunt language from the other side. And it’s hardly surprising given that it came from Martin Singer – an infamously tough celebrity lawyer once described by the Los Angeles Times as “Hollywood’s favorite legal hit man.”

While Singer’s quotes made the headlines, it was his legal argument that caught my attention.

Rather than a normal motion to dismiss the case, Lizzo’s motion cited California’s so-called anti-SLAPP statute — a special type of law enacted in states around the country that makes it easier to end meritless lawsuits that threaten free speech (known as “strategic lawsuits against public participation”). Anti-SLAPP laws allow for such cases to be tossed out more quickly, and they sometimes require a plaintiff to repay the legal bills incurred by a defendant.

Anti-SLAPP motions are filed every day, but it’s pretty unusual to see one aimed at dismissing a sexual harassment and discrimination lawsuit filed by former employees against their employer. They’re more common in precisely the opposite scenario: filed by an individual who claims that they’re being unfairly sued by a powerful person to silence accusations of abuse or other wrongdoing.

But in Friday’s motion, Singer and Lizzo’s other lawyers argued that California’s anti-SLAPP law could also apply to the current case because of the creative nature of the work in question. They called the case “a brazen attempt to silence defendants’ creative voices and weaponize their creative expression against them.”

Will that argument hold up in court? Stay tuned…

Go read the full story about Lizzo’s defense, including access to the actual legal documents filed in court.

Other top stories this week…

RULING IN AI COPYRIGHT CASE – A federal judge issued an early-stage ruling in a copyright class action filed by artists against artificial intelligence (AI) firm Stability AI — one of several important lawsuits filed against AI companies over how they use copyrighted content. Though he criticized the case and dismissed many of its claims, the judge allowed it to move toward trial on its central, all-important question: Whether it’s illegal to train AI models by using copyrighted content.

HALLOWEEN SPECIAL – To celebrate today’s spooky holiday, Billboard turned back the clock all the way to 1988, when the studio behind “A Nightmare on Elm Street” sued Will Smith over a Fresh Prince song and music video that made repeated references to Freddy Kreuger. To get the complete bizarre history of the case, go read our story here.

KOBALT FACES CASE OVER EX-EXEC – A female songwriter filed a lawsuit against Kobalt Music Group and former company executive Sam Taylor over allegations that he leveraged his position of power to demand sex from her – and that the company “ignored” and “gaslit” women who complained about him. The case came a year after Billboard’s Elias Leight first reported those allegations. Taylor did not return a request for comment; Kobalt has called the allegations against the company baseless, saying its employees never “condoned or aided any alleged wrongdoing.”

MF DOOM ESTATE BATTLE – The widow of late hip-hop legend MF Doom filed a lawsuit claiming the rapper’s former collaborator Egon stole dozens of the rapper’s notebooks that were used to write down many of his beloved songs. The case claims that Egon took possession of the files as Doom spent a decade in his native England due to visa issues, where he remained until his death in 2020. Egon’s lawyers called the allegations “frivolous and untrue.”

DJ ENVY FRAUD SCANDAL UPDATE – Cesar Pina, a celebrity house-flipper who was charged earlier this month with running a “Ponzi-like investment fraud scheme,” said publicly last week that New York City radio host DJ Envy had “nothing to do” with the real estate deals in question. Critics have argued that Envy, who hosts the popular hip-hop radio show The Breakfast Club, played a key role in Pina’s alleged fraud by promoting him on the air.

UTOPIA SUED AGAIN OVER FAILED DEAL – Utopia Music was hit with another lawsuit over an aborted $26.5 million deal to buy a U.S. music technology company called SourceAudio, this time over allegations that the company violated a $400,000 settlement that aimed to end the dispute. The allegations came after a year of repeated layoffs and restructuring at the Swiss-based music tech company.

Social media company TikTok Inc. filed a lawsuit Monday seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights and is based on “unfounded speculation” that the Chinese government could access users’ data. The lawsuit by TikTok itself follows one filed last week by five content […]