Lyrics: Works of Art or Admissions of Guilt?

Creative works have been used as evidence in courts of law throughout the history of the United States. To date, there have been nearly 700 cases where rap lyrics were used as evidence, primarily in criminal contexts.[1] Permitting prosecutors to use an artist’s lyrics against them threatens the fundamentals of free speech and unfairly targets one type of artistic expression.

Evidence Crash Course

Evidence is critical to every trial that occurs, regardless of the severity.[2] The Federal Rules of Evidence are a dense set of rules with various exceptions and limitations that confuse even seasoned attorneys. While these rules only apply to federal courts, a majority of states have adopted state codes that are analogous to the Federal Rules.[3] Attorneys become familiar with the evidence rules over the course of their career, and it would take an entire textbook to fully delve into them all. With regard to rap lyrics, however, three evidentiary rules in particular are necessary for a basic understanding of how evidence plays out in the courtroom.

The first is Federal Rule of Evidence 401 which says relevant evidence is evidence which tends to make a fact more or less probable.[4] Relevant evidence is usually admissible.[5] The second is Rule 403 which allows a judge to exclude relevant evidence if its value is substantially outweighed by a danger such as unfair prejudice or misleading the jury.[6] Finally, there is Rule 404 which pertains to what is known as character evidence.[7] In particular, 404(a) says that evidence of a person’s character is not admissible to prove that, on a particular occasion, the person acted in accordance with that character.[8] However, 404(b) allows character evidence to be admissible for another purpose such as proving motive, intent, or knowledge.[9] This is commonly how rap lyrics are used in court, while avoiding the general prohibition on character evidence.[10]

Why Rap Lyrics are Unfairly Prejudicial

Courts should be wary of admitting rap lyrics into evidence for a variety of reasons. For one, rap is one of the most prevalent genres of music in the United States and around the world.[11] In 2023, nearly a quarter of all streams on the music service Spotify was rap and hip-hop music.[12] Holding this genre to have evidentiary value, while excluding others, undoubtedly has a disparate impact in criminal trials—especially trials of people of color.[13]

Second, rap music lyricism is akin to fictional writing.[14] Rap lyrics consist of “constructed images, metaphor, braggadocio, or exaggerated storylines.”[15] For example, look at the notorious 1989 song “F*ck tha Police” by California rap group N.W.A.[16] The song begins with a simulated trial in which members of the group act as judge and prosecutors, while later depicting violent acts against law enforcement.[17] While police argued that the song incited violence, N.W.A. insisted that it was not meant to be literal, but rather an expression of frustration against abusive policing.[18]

Finally, the risk of unfair prejudice against defendants is high. Rap lyrics can evoke negative stereotypes from the jury about rap or people of color more often than other genres of music.[19] In a 1999 study by Carrie Fried, participants were presented with violent lyrics from a folk song and told that it was either a rap or country song.[20] The results displayed the participants’ bias as they rated rap more negatively than country music, even when the lyrics were identical. A 2018 study at UC Irvine replicated Fried’s and found similar results.[21]

Allowing rap lyrics to be used as evidence against defendants in criminal trials ultimately undermines the protections of the First Amendment and curtails the right to free expression.[22]

Legislation at the State and Federal Levels

Earlier this year, members of Congress reintroduced the Restoring Artistic Protection Act of 2025 (RAP Act), designed to amend the Federal Rules of Evidence.[23] These changes were proposed to limit the admissibility of evidence, to prevent a defendant’s creative or artistic expression from being used against them.[24] This legislation was originally introduced in 2022 and despite its name, would apply to all forms of creative expression.[25] While the bill does not ban the use of lyrics altogether, it amends the Rules of Evidence to create a higher standard for admissibility. Creative works would only be admitted through certain exceptions that require proof of “clear and convincing evidence.”[26] However, the RAP Act has only been introduced and has yet to be taken further in the legislative process.[27]

Among the states, only two have passed legislation to limit the admissibility of art or creative expression: California and Louisiana.[28] California Assembly Bill No. 2799 (AB 2799), also known as the Decriminalizing Artistic Expression Act, mirrors the efforts of the federal RAP Act and has the potential to guide other states to follow suit.[29]AB 2799 amends the California Evidence Code in Section 352 which is similar to Federal Rule 403.[30] The bill ultimately requires courts, in criminal proceedings “where a party seeks to admit as evidence a form of creative expression, to consider specified factors when balancing the probative value of that evidence against the substantial danger of undue prejudice.”[31] Like the proposed RAP Act, AB 2799 will protect artists from having their works of art and creative expression weaponized against them in criminal trials.[32]

Modern Cases of Rap Lyrics in Court: Young Thug

One of the most prominent examples of rap lyrics being used in court was in the trial of Atlanta artist Young Thug, born Jeffery Williams.[33] The rapper, along with other members, was charged with conspiracy to violate Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law for his leadership role in the gang Young Slime Life or Young Stoner Life (YSL).[34] The judge allowed Young Thug’s lyrics to be used in evidence, depending on how the foundation was laid for their relevance by prosecutors.[35] Some of these lyrics included phrases such as “you prayin’ that you live I’m prayin’ that I hit, hey, this that slime sh*t,” as well as “f*ck the judge, YSL, this that mob life.”[36]

Georgia’s evidence laws closely mirror the Federal Rules and ultimately gave the judge discretion to admit the lyrics into evidence.[37] Brian Steel, William’s lawyer, argued that the use of lyrics violated protections on free speech and would unfairly prejudice the jury.[38] However, prosecutors argued that free speech was not at issue because the lyrics represented evidence that other crimes had been committed.[39] The main district attorney, Fani Willis, told reporters that, “if you decide to admit your crimes over a beat, I’m going to use it.”[40] The problem with this is that rap lyrics are often exaggerated and akin to works of fiction. These differences in opinion demonstrate the necessity of implementing laws that curtail the usage of lyrics and artistic expression in court.

Modern Cases of Rap Lyrics in Court: Drakeo the Ruler

In a California state criminal case, Los Angeles rapper Drakeo the Ruler (Drakeo) was indicted on multiple felonies, including murder, conspiracy to commit murder, and criminal gang conspiracy.[41] Prosecutors argued that Drakeo was the leader of a gang—a rap crew known as the Stinc Team—and was responsible for the gang’s homicide.[42] In his song “Flex Freestyle,” the district attorney, Shannon Cooley, used the lyrics “I’m ridin' round town with a tommy gun and a Jag and you can disregard the yelling, RJ tied up in the back.”[43] Defense lawyers for the rapper stated that the prosecutor’s narrative was manufactured, and Drakeo himself argued that his “rapping is rhyming and pretending,” amounting to a “persona.”[44] Cooley on the other hand argued that, “as his moniker suggests, he is the leader” and the gang “rap[s] about their crimes.”[45]

California’s evidence laws also mirror the Federal Rules and give the judge great discretion in whether to admit or deny the use of rap lyrics.[46] With the gang conspiracy charge, prosecutors relied on California Penal Code section 182.5, which allows for the prosecution of people who engage in and benefit from criminal gang activity.[47] Cooley argued that, since the law is so broad, she did not even need to prove that Drakeo had intent or an agreement to kill anyone; all that mattered was that Drakeo was part of a criminal gang.[48] While Drakeo was ultimately acquitted of the murder charges, the use of rap lyrics for gang conspiracy charges creates a lower bar for prosecutors to continue to target rappers and other artists.

Modern Cases of Rap Lyrics in Court: Lil Durk

In a recent ongoing federal case, Chicago rapper Lil Durk (Durk), born Durk Banks, was charged with conspiring to murder a rival rapper in a murder-for-hire plot resulting in death.[49] While his lyrics were ultimately banned as evidence, they were a key part of building the prosecution’s case and instrumental in obtaining the rapper’s arrest.[50]Durk’s lyrics from the song “Wonderful Wayne & Jackie Boy” stated, “got location, go (go), green light, go (go) . . . look on the news and see your son, you screamin’, ‘no, no.’”[51] Prosecutors claimed Durk’s lyrics detailed the attack on rival rapper Quando Rondo which led to the death of Rondo’s cousin.[52] Durk’s lawyers were able to successfully argue that the song was written and released before the attack took place.[53] However, allowing the lyrics to be considered in the first place highlights the need, especially at the federal level, for laws such as the RAP Act, that limit the use of lyrics as evidence without judicial discretion.

What Does the Future Hold?

Predicting the future of rap lyrics in the courtroom is not a difficult task. Unless lawmakers at state and federal levels pass legislation to curtail the use of artistic expression as evidence, the number of cases will only continue to rise. Society has an obligation to protect all forms of creative speech and expression, regardless of content. Failing to do so threatens to erode fundamental free speech protections and weaponizes art against its creators.

[1] Mapping Rap on Trial, Rap on Trial (2023), https://www.rapontrial.org/.

[2] Merritt & Simmons, Merritt and Simmons’s Learning Evidence: From the Federal Rules to the Courtroom 1 (5th ed. 2021).

[3] Id. at 24.

[4] Fed. R. Evid. 401.

[5] Fed. R. Evid. 402.

[6] Fed. R. Evid. 403.

[7] Fed. R. Evid. 404.

[8] Id.

[9] Id.

[10] Kevin Goldberg, Can Rap Lyrics Be Used as Evidence in Court? A First Amendment Analysis, Freedom Forum (Apr. 3, 2024), https://www.freedomforum.org/rap-lyrics-evidence-in-court/.

[11] Bridget Lavender & Matthew Segal, Rap on Trial, State Court Report (Apr. 2, 2024), https://statecourtreport.org/our-work/analysis-opinion/rap-trial.

[12] Nearly a Quarter of All Streams on Spotify Are Hip-Hop. Spotify’s Global Editors Reflect on the Genre’s Growth, Spotify (Aug. 10, 2023), https://newsroom.spotify.com/2023-08-10/hip-hop-50-murals-new-york-atlanta-miami-los-angeles/.

[13] Lavender & Segal, supra note 11.

[14] Andrea L. Dennis, Poetic (In)Justice? Rap Music Lyrics as Art, Life, and Criminal Evidence, 31 Colum. J.L. & Arts 1, 25 (2007).

[15] Id. at 25.

[16] N.W.A., Fuck tha Police, GENIUS, https://genius.com/Nwa-fuck-tha-police-lyrics (last visited Oct. 2, 2025).

[17] Id.

[18] Kelly McGlynn, Jacob Schriner-Briggs, & Jacquelyn Schell, Lyrics in Limine: Rap Music and Criminal Prosecutions, Am. Bar Ass’n (Jan. 11, 2023), https://www.americanbar.org/groups/communications_law/publications/communications_lawyer/2023-winter/lyrics-limine-rap-music-and-criminal-prosecutions/.

[19] Lavender & Segal, supra note 11.

[20] Carrie B. Fried, Who’s Afraid of Rap: Differential Reactions to Music Lyrics, 29 J. Applied Soc. Psychol. 705, 709 (1999).

[21] Adam Dunbar & Charis E. Kubrin, Imagining Violent Criminals: An Experimental Investigation of Music Stereotypes and Character Judgments, 14 J. Experimental Criminology 1, 22 (Dec. 1, 2018).

[22] Lavender & Segal, supra note 11.

[23] Restoring Artistic Protection Act of 2025, H.R. 4678, 119th Cong. (introduced in House, July 23, 2025).

[24] Id.

[25] Claire Hoffman, The Restoring Artistic Protection Act Is Reintroduced In Congress To Protect Creative Expression: Analysis, Recording Academy (Aug. 6, 2025, 5:58 AM), https://www.recordingacademy.com/advocacy/news/restoring-artistic-protection-act-reintroduced-congress.

[26] Restoring Artistic Protection Act of 2025, supra note 23.

[27] Id.

[28] Rap on Trial, Current Legislation (2023), https://www.rapontrial.org/current-legislation.

[29] Morgan Enos, California Passes The Decriminalizing Artistic Expression Act: Why It's A Win For The First Amendment & Creative Expression, Recording Academy (Aug. 26, 2022, 3:03 PM), https://www.recordingacademy.com/advocacy/news/california-passes-decriminalizing-artistic-expression-act-rap-what-to-know.

[30] A.B. 2799, 2021–2022 Leg. Sess. (Cal. 2022).

[31] Id.

[32] Enos, supra note 29.

[33] Joe Coscarelli, Young Thug Lyrics Will Be Allowed as Evidence in YSL RICO Trial, N.Y. Times (Nov. 9, 2023), https://www.nytimes.com/2023/11/09/arts/music/young-thug-lyrics-ysl-rico-trial.html.

[34] Id.

[35] Id.

[36] Jennifer Zhan, Here Are the Rap Lyrics Being Used in the YSL Trial, Vulture (Nov. 27, 2023), https://www.vulture.com/article/young-thug-lyrics-ysl-indictment.html.

[37] See Ga. Code Ann. § 24-4-401 (2011); Ga. Code Ann. § 24-4-403 (2011); Ga. Code Ann. § 24-4-404 (2011)

[38] Coscarelli, supra note 33.

[39] Id.

[40] Tat Bellamy-Walker, Georgia DA Fani Willis says rap lyrics will continue to be used in criminal cases, NBC News (Sept. 1, 2022, 12:34 PM), https://www.nbcnews.com/news/nbcblk/georgia-da-fani-willis-says-rap-lyrics-will-continue-used-criminal-cas-rcna45680.

[41] Sam Levin, The jailed LA rapper whose songs were used to prosecute him, The Guardian (Oct. 2, 2019), https://www.theguardian.com/us-news/2019/oct/01/drakeo-the-ruler-los-angeles-rapper-songs.

[42] Id.

[43] Eddie Fu, Here’s How Drakeo The Ruler’s “Flex Freestyle” Lyrics Are Being Used Against Him in Court, GENIUS (May 14, 2019), https://genius.com/a/here-s-how-drakeo-the-ruler-s-flex-freestyle-lyrics-are-being-used-against-him-in-court.

[44] Levin, supra note 41.

[45] Id.

[46] See Cal. Evid. Code § 210 (West); Cal. Evid. Code § 352 (West); Cal. Evid. Code § 1101 (West)

[47] Levin, supra note 41; Cal. Penal Code § 182.5 (West)

[48] Levin, supra note 41.

[49] Press Release, U.S. Att’y’s Off. C.D. Cal., Chicago Rapper Lil Durk Charged in Superseding Indictment Alleging Murder-for-Hire Plot to Kill Rival Near Beverly Center Mall in 2022 (Nov. 8, 2024), https://www.justice.gov/usao-cdca/pr/chicago-rapper-lil-durk-charged-superseding-indictment-alleging-murder-hire-plot-kill.

[50] Sam Moore, Lil Durk’s Lyrics Banned From Being Used In Murder-For-Hire Trial, HipHopDX (May 9, 2025), https://hiphopdx.com/news/lil-durk-lyrics-banned-being-used-murder-for-hire-trial/.

[51] Babyface Ray & Lil Durk, Wonderful Wayne & Jackie Boy, GENIUS, https://genius.com/Babyface-ray-and-lil-durk-wonderful-wayne-and-jackie-boy-lyrics (last visited Oct. 2, 2025).

[52] Moore, supra note 51.

[53] Id.