Art is not a confession

Yahoo

23-04-2025

The Young Thug trial demonstrated that rap lyrics, often unrelated to the facts of the criminal case at issue, create juror bias when they're used as evidence.for BET
The 2025 Georgia legislative session has concluded, so it is time to take a moment and reflect on a bill that should have passed but did not: House Bill 237.
Within the first 30 seconds of Young Thug's 2018 song 'Anybody' he raps, 'I never killed anybody, but I got something to do with that body.' Later in the song Thug continues, 'Getting all types of cash, I'm a general true…' This was just one of the lyrics that the Fulton County prosecution presented, arguing that 'general' demonstrated Thug's leadership role in the YSL gang. During Georgia's longest trial, Judge Ural Glanville allowed 17 sets of lyrics from Young Thug and other co-defendants to enter the trial.
It's a troubling trend. Prosecutors around the country have used rap lyrics as evidence in criminal trials, despite the fact that rap lyrics—like movies, books, and lyrics from other musical genres—are often fictionalized. Yet, rap lyrics—often written and performed by Black artists—continue to be weaponized by prosecutors as criminal evidence in court.
A solution is House Bill 237, which didn't pass the 2025 General Assembly session but remains alive for the 2026 session. With Democratic and Republican sponsors (one being the chairman of the Creative Arts and Entertainment Committee), the bill would limit the use of creative expression as evidence, ensuring fairer court proceedings and reducing potential bias. If Georgia can offer tax incentives to the entertainment industry, it is surely time for the state to safeguard the creative expression it seeks to attract. Indeed, California passed a similar law and Louisiana amended its evidence codes regarding admissibility of character evidence. In Louisiana, this means that artistic expressions, such as rap lyrics, cannot be used to demonstrate that the defendant is violent or capable of committing a particular crime but can instead be used to establish intent, knowledge, or motive.
Georgia lawmakers should pass HB 237 or similar legislation in 2026 to protect free speech, limit the prejudicial use of creative expression in courtrooms, and ensure fairer trials.
The Young Thug trial demonstrated that rap lyrics, often unrelated to the facts of the criminal case at issue, create juror bias when they're used as evidence. The injustice extends beyond just trials: Lyrics also may be used as evidence in probation violation parole revocation proceedings in Georgia's courts.
HB 237 takes a necessary step toward limiting the prejudicial use of creative expression in criminal proceedings. First, it applies to several forms of creative expression—not just music but also poetry, performance art, and symbols. Second, it establishes a reasonable balance of interests by preliminarily marking creative expression as inadmissible unless prosecutors can demonstrate a direct connection between the creative expression and the crime or violation at issue. This prevents jurors from unfairly associating an artist's fictional words with actual unlawful activity. This is particularly important with rap lyrics because rap is a genre that often references violence and various types of crime, as well as using expletives and racial epithets. Allowing such prejudicial content in the courtroom risks causing a jury to view the defendant in a less favorable or more stereotypical light than they otherwise would.
Critics argue that HB 237 will prevent prosecutors from using crucial evidence. However, the bill does not impose a blanket ban on lyrics or creative works in court. Instead, it ensures that creative expression is used only when it is directly relevant to a case. This distinction matters. Without it, courts are allowing lyrics to be introduced essentially as character evidence—which is generally disfavored in legal proceedings because it unfairly influences jurors. Importantly, HB 237 also does not add unnecessary steps to the criminal process. Judges already regularly receive and rule on pretrial motions to determine admissibility of evidence before trial. This bill simply uses an already existing judicial procedure to ensure that rulings are focused on facts—not biased stereotypes.
Georgia is positioning itself as a national entertainment hub, reporting $8.55 billion in entertainment-related economic output in fiscal year 2022 alone. But if the state values this economic impact, it must also protect the rights of artists who are the backbone of the entertainment industry. Whether it's music, literature, or film, art is not a confession. Georgia should recognize that. HB 237 should make a much needed re-appearance in the next legislative session.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX