Rap Lyrics, Criminal Prosecutions and the First Amendment

Sidebar by Courthouse News

It's a First Amendment fight for the modern ages: the right to free speech versus the pursuit of justice, and the stakes are often someone's freedom. In courtrooms across the country, prosecutors are going after rappers using the artists' lyrics against them.
While not a recent development in the law, the issue has entered the spotlight with the arrests of rappers Young Thug and Gunna in Georgia on charges of violating the state's RICO Act. Prosecutors allege the high-profile artists directly engaged in criminal activity ranging from drug-related to murder as members of the gang Young Slime Life, and cite some of their rap lyrics as evidence to support the claims.
Where do protections for the right to freedom of speech end under the First Amendment? Why do rap music and Black artists seem to be the target of these prosecutions when artists in other genres tell similar tales of crime and violence? We dive into this and more in our 10th episode in this season of Sidebar.
Special guests:

• Roqy Tyraid, hip-hop artist and member of the ACLU of Arizona’s Board of Directors
• Clay Calvert, law professor at the University of Florida
• Margaret Russell, law professor at Santa Clara University School of Law
• Walter Olson, senior fellow at the Cato Institute
• Charis Kubrin, professor of criminology, law and society at the University of California, Irvine
• Adam Dunbar, professor at the University of Nevada, Reno
• J. Christopher Hamilton, assistant professor at the Newhouse School for Public Communications at Syracuse University

This episode was produced by Kirk McDaniel. Intro music by The Dead Pens.
Editorial staff is Bill Dotinga, Sean Duffy and Jamie Ross.