rap lyrics
When New Orleans rapper B.G. came home in September after serving an 11-year sentence following his guilty plea on two counts of possession of a firearm and one count of conspiracy to obstruct justice, the rap community rejoiced. He’s the man responsible for entering the phrase “bling-bling” into the pop culture lexicon, after all.
But nearly a year later, the founding member of ’90s rap group Hot Boys is facing an unusual legal challenge: On Friday (June 28), a U.S. District Court judge in Louisiana ruled that the New Orleans rapper must provide the U.S. Probation Office with a copy of the lyrics to his upcoming songs for approval before producing or promoting them.
The decision, handed down by U.S. district court judge Susie Morgan, came several months after B.G. (real name Christopher Dorsey) was arrested in March for performing at a Las Vegas concert alongside rapper Lil Boosie; apparently, B.G. needed prior permission from the court to associate with acts that also have felony convictions on their record, as Lil Boosie does. The probation officer in the case also cited B.G.’s work with Gucci Mane, another rapper/convicted felon with whom B.G. released a collaborative mixtape, Choppers & Bricks, in December.
B.G. was subsequently released on his own recognizance pending the judge’s decision. Shortly after, the rapper expressed his frustration in an Instagram post, saying in part, “It’s crazy how after paying my debt to society with 12 and a half years of my life I come home and still ain’t free…I been doing everything the right way and it seems like that ain’t enough.”
At a court hearing on June 18, B.G. and prosecutors confirmed they had reached a deal to modify the conditions of the rapper’s supervised release following his March arrest but “disagreed” over the prosecutors’ request to prohibit the rapper “from promoting and glorifying future gun violence/murder” in his music and at his concerts, according to the June 28 ruling.
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“The Defendant argues that the additional condition proposed by the Government is an unconstitutional prior restraint of speech that is an overly broad condition of supervised release,” the ruling reads.
The judge ultimately found that the prosecutors’ request was “not sufficiently clear and specific to serve as a guide for the Defendant’s conduct and for those entrusted with his supervision,” instead imposing a special condition that B.G. provide the probation office “with a copy of the lyrics of any song he writes,” according to the ruling. All lyrics B.G. shares with the probation office will be passed to the U.S. government, which can then decide if his “conduct is inconsistent with the goals of rehabilitation,” the ruling continues.
A representative for B.G. did not immediately respond to Billboard‘s request for comment.
The ruling is certain to cause controversy at a time when the practice of lyrics being used against rappers in criminal court has become a hot-button issue. In November, a judge ruled that Young Thug‘s lyrics can be used during his YSL RICO case, saying that “the First Amendment is not on trial.” Bobby Shmurda and the late Drakeo the Ruler have also had their lyrics used against them in criminal cases. There have since have been laws passed and proposed on both the state and federal levels to stop the criminalization of rap lyrics; in September, California Gov. Gavin Newsom signed into law a statute restricting the practice, while similar laws have been proposed in New York and the U.S. House of Representatives.
In June 2022, Jeffery Williams, the rapper professionally known as Young Thug, said from jail: “I always use my music as a form of artistic expression, and I see now that Black artists and rappers don’t have that freedom.”
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Rap is the most important musical development of the last half-century. It is a Black art form that reflects, comments upon and helps define the American experience. Like other artistic expressions, rap lyrics are often fictitious and hyperbolic; they cannot be assumed to be autobiographical. And like famous surrealist painters, some rappers combine their experiences with flights of imagination, leaving the audience to decide what is “real” and what is not. Other rappers write wholly fictional accounts without labeling them as such — sometimes for commercial appeal. As Young Thug explained to XXL Magazine in 2016: “I started doing a thuggish style … I started to make cool trap music … Them songs have made millions of dollars but them songs are not me.”
Just like other artists, the creators of rap music are protected by the First Amendment; as such, they are entitled to create ambiguous art that does not separate fact from fiction.
Unlike other types of artists, however, rappers find their art used against them in criminal court, as overly aggressive prosecutors charge rappers with having committed the alleged crimes depicted in their lyrics. It seems the ultimate rap battle is between the First Amendment and the Sixth Amendment — pitting the freedom of expression against the right to a fair trial. The racial injustice of this tactic is obvious. Directors of horror and action movies are not forced to defend themselves in criminal court against allegations that their films depict actual events. Nor must the creators of country or death metal music justify their songs to a judge or jury as fiction — no matter how violent their lyrics may be. Only rappers are singled out in this way.
Hearteningly, the music industry and the social justice community have joined forces with lawmakers in opposition to this egregious prosecutorial overreach. For instance, California amended its rules of evidence to place additional burdens upon prosecutors who seek “to admit as evidence” of criminality “a form of creative expression.” In New York, proposed legislation similarly seeks to create a presumption against admitting evidence of a defendant’s creative expression in criminal trials. And, at the federal level, the Restoring Artistic Protection Act (RAP Act), seeking to shield artists from the misuse of their lyrics in both criminal and civil proceedings, has been reintroduced in Congress. This bill has support from groups such as the Black Music Action Coalition (BMAC), the Recording Academy, the Black Music Collective and SAG-AFTRA. All of these pieces of legislation aim to safeguard artists from prosecutors who want to use their creative expressions as evidence in criminal trials — ensuring rap artists enjoy the benefits of both the First and Sixth Amendments of our Constitution.
While these efforts are commendable, a significant loophole remains within the domain of criminal conspiracy prosecutions. A conspiracy is a crime where two or more people agree to commit an unlawful act, and someone in the conspiracy takes an affirmative step — or “overt act” toward the act. While the actual and proposed California, New York and federal statutes would make it harder for prosecutors to use rap lyrics as evidence of a crime, they do nothing to prevent prosecutors from alleging that rap lyrics themselves are an element of a crime — specifically, the so-called “overt act” element of a conspiracy crime. Additional legislation is urgently needed at the state and federal levels to prevent this from happening.
Conspiracy charges are darlings of prosecutors because many criminal conspiracy statutes permit the government to charge each alleged conspirator with all crimes committed by the conspiracy, so long as the alleged conspirator: (1) knowingly and willfully joined the conspiracy; and (2) committed an “overt act” in support of the conspiracy. Thus, by alleging that a rapper’s lyrics constitute an “overt act,” a prosecutor can seek to hold that rapper criminally responsible for crimes that the rapper did not even commit but rather were committed by other members of the “conspiracy.” In other words, rappers can be charged with and convicted for other people’s crimes merely by virtue of rapping. This prosecutorial tactic is literally criminalizing rap music.
The ongoing Young Thug/YSL trial vividly illustrates the urgent need for legislation banning this tactic. In that case, the prosecution has charged the defendants under a criminal conspiracy statute, Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) law. The grand jury indictment characterizes YSL as a gang engaged in criminal activities, with the Grammy-winning artist purportedly at the forefront. To link various defendants to the alleged “conspiracy,” and thus to ensnare them into the defendants’ seats at trial, the prosecution has alleged that specific sets of rap lyrics constitute “overt acts.” On their face, these lyrics are a mode of artistic expression, involving clever wordplay and other forms of humor. Lyrics cited by prosecutors include the following:
“Red just like Elmo but I never f—in’ giggle”— Jeffery “Young Thug” Williams
“Where you from, I’m from Bleveland, throw your set up” — Wunnie “Slimelife Shawty” Lee
“I shot at his mommy, now he no longer mention me” — Jeffery “Young Thug” Williams
Without legislation preventing these or other rap lyrics from being charged as “overt acts,” prosecutors will continue to use them to bolster their cases. We call for the music industry to unite with its allies to press for the introduction and passage of such legislation. Until that happens, the music industry and its allies should press candidates running for district attorney to promise not to prosecute rap lyrics as “overt acts.” Moreover, and until new legislation passes, criminal defense and music industry attorneys should advise their clients about the risks of prosecutions for merely creating rap, however outrageous and unfair that may be. Otherwise, rappers will continue to navigate a precarious line that could see their lyrics construed as a crime, undermining the fundamental principles of artistic freedom and raising urgent questions about racial and creative justice in the courtroom. Rap artists should not have to choose between their First and Sixth Amendment rights.
Jeffrey Movit is a civil litigator in New York and Los Angeles whose practice areas include copyright, trademark, defamation and entertainment law. He has been called the “lawyer to the stars” by the New York Post, and he was named by Billboard magazine as one of the “Top Music Lawyers” for 2022, 2023, and 2024.
Priya Chaudhry is a nationally-known, award-winning criminal defense trial attorney who routinely handles high-profile, high-stakes criminal cases. With nearly 50 jury trials in 25 years of practice, The Hollywood Reporter named Ms. Chaudhry as one of the “25 Power Lawyers” it recognized as “Hollywood’s Troubleshooters.”
Awais Arshad is a criminal defense attorney at ChaudhryLaw, a Fulbright Scholar and barred in multiple jurisdictions, including New York, England & Wales and Pakistan.
An Atlanta judge ruled Thursday that he would allow many of Young Thug’s rap lyrics to be used as evidence against him and other alleged gang members in their upcoming criminal trial, rejecting arguments that doing so would violate the First Amendment.
The ruling came a day after Fulton County Superior Court Judge Ural Glanville held a hotly-anticipated hearing about the use of lyrics as evidence – a controversial practice that has drawn backlash from the music industry and efforts by lawmakers to stop it.
The lyrics could play a key role in the trial, which will kick off later this month. Prosecutors allege that Thug (Jeffery Williams) and his “YSL” were not really a popular music collective called “Young Stoner Life,” but a violent Atlanta gang called “Young Slime Life” that committed murders, carjackings, drug dealing and other crimes over the course of a decade.
Representing the superstar artist, attorney Brian Steel blasted prosecutors for attempting to use creative expression to convict his client. “They are targeting the right to free speech, and that’s wrong,” Steel said. “They are saying that just because he his singing about it, he is now part of a crime.”
But after an hours-long hearing that ran until nearly 9 pm on Wednesday evening, Judge Glanville largely rejected those arguments. “They’re not prosecuting your clients because of the songs they wrote,” Glanville said from the bench. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”
In a formal ruling on Thursday morning, the judge denied Thug’s request to ban the lyrics entirely, and granted a motion by prosecutors to preliminarily admit them. Though Judge Glanville said prosecutors would still need to establish why they were using them and that Steel could object during the trial, the judge repeatedly suggested at Wednesday’s hearing that he would allow lyrics to be admitted as evidence and that it would be up to jurors to decide how much weight to give them.
At the hearing, prosecutor Michael Carlson urged Judge Glanville to avoid sweeping questions about free speech. He said the actual issue before the court was not rap lyrics but rather “proclamations of violence” by alleged gang members that are “highly relevant in this case.”
“The issue here is not rap,” Carlson said. “This is not randomly the state attempting to bring in Run DMC from the 80s. This is specific. These are party admissions. They just happen come in the form of lyrics.”
Near the end of the hearing, Carlson sharply criticized the suggestion that the rap lyrics in question were simply works of art without a direct link to real events. “People can look at that indictment and see one thing that’s for sure not fantasy: People are dead. Murdered.”
“That’s not fantasy, your honor,” Carlson said. “That’s tragically real.”
Earlier on Wednesday, prosecutor Symone Hylton highlighted specific lyrics that the state plans to play for jurors during the trial and explained why they were relevant enough to be admitted. They included lines from Thug’s 2016 song “Slime Shit,” in which he raps about “killin’ 12 shit” and “hundred rounds in a Tahoe.”
Hylton argued that “12” is a well-known euphemism for police officers, and that the lyric referred to a specific incident in which an officer was shot by a YSL member. And she said that the “Tahoe” lyric was a boast about the 2015 murder of Donovan Thomas – a key allegation in the indictment.
“Not only did Donovan Thomas drive a Tahoe, there were multiple rounds of shell casings laid out on the ground where he was killed in front of his barber shop,” Hylton said. “While [the lyric] may on the surface seem irrelevant, when you put it to the facts that are going to come out in this case, that particular verse becomes very relevant.”
Among other songs, she also referenced the 2018 track “Anybody,” in which Thug raps “I never killed anybody/ But I got somethin’ to do with that body”; and the song “Really Be Slime,” a 2021 compilation track released by Young Stoner Life Records that features the line “You wanna be slime? Go catch you a body.”
“It’s the state’s contention that [the lyric] means you go out and you go murder someone,” Hylton said. “That’s how you become ‘slime’.”
Young Thug, Gunna and dozens of other alleged YSL members were indicted in May 2022. Gunna and several other defendants eventually reached plea deals, and other defendants were separated from the main case, leaving just Thug and five others to face a jury. If fully convicted, he could face a life sentence.
After months of delays, a jury was finally seated last week, clearing the way for the trial to kick off on Nov. 27 – proceedings that are expected to last well into 2024. But before then, Judge Ural Glanville must decide on whether the jury can hear his lyrics as part of the prosecution’s case.
Civil liberties activists and defense attorneys have long criticized the use of rap lyrics to win criminal convictions. They argue that it unfairly targets constitutionally protected speech, treating hyperbolic verse as literal confessions; they also say it can unfairly sway juries by tapping into racial biases.
Lawmakers in California enacted legislation last year restricting the use of creative expression as evidence in criminal cases, and a federal bill in Congress that would impose similar restrictions has been widely supported by the music industry. But absent such statutes, courts around the country have mostly upheld the right of prosecutors to cite rap lyrics, particularly in gang-related cases.
In his arguments Wednesday, Thug’s lawyer Steel echoed such concerns in pushing to exclude the lyrics from the case. He noted that many other artists had used similar phrases – he name-dropped Rick Ross, Meek Mill and Cardi B — and that rap lyrics are often exaggerated or wholly fictional. Steel argued that individual lyrics should only be admitted when prosecutors have linked them much more specifically to actual alleged actions – an analysis he said the DA’s office had failed to perform.
But Steel’s main message for Judge Glanville was that using the lyrics would violate the First Amendment and its protections for free speech, arguing that it would effectively criminalize the output of a “prolific songwriter.”
“A person in America can say I hate Brian Steel, I hate criminal defense lawyers, I hate prosecutors, I hate judges,” Steel said. “We believe that we flourish when we can share ideas even when they’re repugnant, even when you don’t agree with them.”
“If you allow this evidence,” Steel said, “it’s going to have a chilling effect.”
But Judge Glanville was skeptical of Steel’s arguments from the beginning, repeatedly suggesting that he believed some of the lyrics were relevant enough to be admitted in the case — and occasionally showing frustration with Steel’s arguments to the contrary. At one point, he interrupted Steel to say that “the First Amendment is not on trial.”
Later, Steel said that prosecutors were using Thug’s “words” to convince jurors that he was “a bad man” — the kind of improper “character” evidence that is typically rejected. But Judge Glanville again had a quick retort: “No they’re not. They’re using his words to show that he’s involved in a gang.”
Representatives from the Black Music Coalition (BMAC), the Recording Academy and SAG-AFTRA came together with Congressmen Hank Johnson (D-GA) and Jamaal Bowman (D-NY) on Capitol Hill Thursday (April 27) to reintroduce the Restoring Artistic Protection (RAP) Act, a bill that would limit the use of song lyrics in court — a practice that disproportionately affects Black artists working in rap and hip-hop.
“Since the 1990s, there are hundreds literally hundreds of documented cases where prosecutors use lyrics as criminal evidence in court and this practice disproportionately affects rap artists,” said Recording Academy CEO Harvey Mason jr. during a press conference announcing the bill’s reintroduction. “But this act is absolutely not just about hip-hop artists. Silencing creative expression is a violation against all artists and all forms of creative expression. The Restoring Artistic Protection Act affirms that every single artist, no matter the discipline, should be able to express themselves without fear of prosecution.”
SAG-AFTRA president Fran Drescher, who was also in attendance, advocated for the First Amendment rights of musicians. “Rap music actually is folk music, because folk music is the voice of the people,” she said. “I urge Congress to pass the RAP act to ensure fair and equitable treatment in the justice system.”
First introduced in July 2022, if passed, the RAP Act would be the first federal law to limit the use of lyrics in criminal cases.
Also participating in the press conference was 300 Elektra Entertainment CEO Kevin Liles, who urged bipartisan support for the bill: “For the first time in a long time, I have hope…in groups on the right and the left both saying that this is against the values of Americans.”
The revived interest in the issue of rap lyrics being used in court came about due to the May 2022 indictment against rappers Young Thug and Gunna along with dozens of others on RICO charges, with prosecutors claiming their group YSL was not really a record label called “Young Stoner Life” but a violent Atlanta street gang called “Young Slime Life.” The 88-page indictment cited lyrics and music videos as evidence, including quotes from Young Thug songs including, “I never killed anybody but got something to do with that body” and “I killed his man in front of his momma.”
Though Young Thug remains in custody ahead of trial, Gunna was released in December after pleading guilty to a gang-related charge.
On the state level, a similar bill in California known as the Decriminalizing Artistic Expression Act was signed into law by Governor Gavin Newsom in September. In New York, another bill known as “Rap Music on Trial” passed the state’s Senate in May but failed to secure a vote in the New York Assembly before the end of last year’s legislative session. Comparable bills are making their way through the sate legislatures in both Louisiana and Missouri.
“As a music creator myself, I know how important it is that we safeguard artists’ freedom to create at all costs, and to work to eradicate the biases that come with the unconstitutional practice of using lyrics as evidence, which disproportionately affects artists of color, and penalizes the creativity of Black and brown fields,” added songwriter-producer-artist Rico Love, who serves as chair of the Recording Academy’s Black Music Collective.
Love added, “Music makers are storytellers who have provided important insight into our country throughout history. We have the responsibility to protect them and their works of creative expression, which helped define American culture.”
The announcement of the RAP Act’s reintroduction followed the Recording Academy’s annual GRAMMYs on the Hill, a two-day event that honored Pharrell Williams, Senate Majority Leader Chuck Schumer and Senator Bill Cassidy and connected music creators with members of Congress to advocate for the RAP Act, the HITS Act, the American Music Fairness Act and reform in the live event ticketing space.
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