A mural at the birthplace of hip-hop at Bronx’s Sedgwick Houses features an image of the genre’s creator, DJ Kool Herc, on Wednesday, July 26, 2023, in New York. Rap lyrics have been used as evidence in criminal court cases for decades, but a new Georgia bill aims to extend the protection of creative expression to artists. (AP Photo/Bebeto Matthews)
So, let’s take it back. Imagine it’s 1991. The Fresh Prince and DJ Jazzy Jeff just dropped a clean-cut anthem of the summer, “Summertime.”
During the past decade, rap music grew and began to spread from its birthplace of The Bronx to the rest of the country. As the genre migrated, it approached a new dawn.
“Hip-hop/rap music specifically kind of pivoted to the gangster variety where it was more violent. You know, more depictions of illicit behavior,” said Dr. Erik Nielson, a professor at the University of Richmond and expert on rap in the justice system.
According to Neilson, as lyrics became more explicit, prosecutors began using them as evidence in criminal court cases. He says they began “treating the lyrics as if they are to be taken literally.”
Follow along with our 2025 Bill Tracker as Georgia lawmakers weigh hundreds of bills.
One of the earliest examples of this action was an underground artist named Derek Foster.
Foster was accused of possession of drugs with intent to distribute. Lyrics found in his notebook were used against him in court. He was convicted of the crime.
“Once one court lets in these lyrics this way. The next court sees that and uses that decision as a justification to do it again, and it snowballs,” Nielson said.
Neilson says these instances of lyrics as evidence particularly impact Black and Latino aspiring artists. However, bigger names have also seen the courtroom.
Other examples include Mac Dre’s “Punk Police,” Lil Boosie’s “187,” and — more recently — several songs from Young Thug who pleaded guilty in Fulton County last year.
However, some Georgia legislators are pushing for a more protective measure for artists and creatives — House Bill 237, sponsored by Republican Rep. Kasey Carpenter.
“This bill seeks to provide artists and creatives an opportunity to express their self without that expression being used against them in a court of law,” Carpenter said in a February committee meeting.
The bill would require a three-pronged test before creative expressions, like lyrics, are allowed into court.
House Bill 237 would provide protection for the art or creative expression of artists. The bill would require courts to conduct a four-prong test to determine whether the expression is admissible in criminal proceedings (DorMiya Vance/WABE).
Carpenter says the inspiration behind HB 237 was similar legislation in California and Louisiana.
“We’ve got a dynamic music industry in the state of Georgia,” Carpenter said. “It’s important to show our folks that we support our creatives and allow them to be creative.”
The bill is slated to be heard on “Crossover Day” at the Georgia State Capitol on March 6.
