Literary Coalition Asks New York Leaders to Prevent Lyrics From Becoming Evidence In Criminal Trials – PEN America
(New York) Today PEN America and the Literary Action Coalition sent a letter signed by 21 New York literary organizations to New York State legislators in support of Rap Music on Trial legislation (S.7527/A.8681), which would strengthen free speech protections by ending the use of art created by a defendant as evidence against them in a criminal case. Signatories include Authors Guild, Center for Fiction, Nuyorican Poets Cafe, and Asian American Writers Workshop.
When prosecutors focus solely on references to violence in rap music, they are taking the lyrics out of context and neglecting to consider the conventions of the music genre. They are equating the artists creative liberties and artistic persona as confessions of guilt, which is a severe misrepresentation of the artform and goes against the very spirit of freedom of expression, the letter reads.
The use of lyrics as evidence in criminal cases is a prosecutorial practice that is inherently dangerous to peoples First Amendment rights, said James Tager, director of research at PEN America. We also cannot ignore the fact that the submission of lyrics as evidence in criminal cases is disproportionately used to try to lock up people of color, including those in the rap community who call New York home. New York legislators need to pass this legislation now before another musical artists creative expression is weaponized against them.
Nobody understands the importance of the First Amendment quite like the literary community. Im deeply grateful for this letter from PEN America and so many other literary organizations in support of the bill I introduced with Senator Jamaal Bailey, known as Rap Music on Trial (S.7527/A.8681) that protects creative expression from being twisted into criminal evidence. Art is creative expression, not a blueprint of criminal plans. Its time to protect the First Amendment rights of all artists, said New York State Senator Brad Hoylman.
Police, prosecutors, and judges routinely engage in the damaging practice of misusing rap lyrics in criminal trials as a tool of mass incarceration of Black and Brown youth. This is not only about strengthening and protecting the First Amendment rights of artists of color; we need to stop the unjust and blatantly racist practice of using the free expression of artists against them in a courtroom. I am proud to sponsor this groundbreaking and incredibly important legislation in the New York State Assembly, and I thank the advocates and my Senate counterparts for their hard work on getting this bill passed in this years legislative session, said New York State Assemblymember Catalina Cruz.
Rap should not be treated differently from any other art form; yet in courtrooms across the country, artists have been unfairly targeted for simply exercising their right to creative expression, said New York State Senator Jamaal Bailey. With the nation-leading Rap Music on Trial legislation, New York state will protect this fundamental right by prohibiting the use of art, including rap lyrics, from being permissible criminal evidence without a strong, factual nexus between the art and the facts of the case. Presuming a defendants guilt based solely on musical genre or creative expression is antithetical to our foundational rights and perpetuates the systemic racism that is embedded into the criminal justice system through discriminatory conflations of hip-hop and rap with criminality. If we want to preserve the integrity of our First Amendment rights, combat discrimination in our courtrooms, and encourage unbounded creativity, we cannot continue to allow prosecutors to weaponize musicians own lyrics against them.
Forward-thinking legislation like this, that proactively respects and protects artistic expression, is what makes me proud to be a New Yorker. I hope that we can help pass this legislation, and set a positive example for the whole country, and world, as leaders in linguistic and creative freedom, said Lisa Ann Markuson, founder of Ars Poetica.
This is an important moment for the New York City literary community. Writers, booksellers, and literary advocates alike have come together to stand in solidarity with all artists who are affected by the criminalization of rap music lyrics, said Alejandro Heredia, community outreach manager at PEN America.
You can read the full letter here: pen.org/open-letter-new-york-literary-organizations-support-rap-music-on-trial-legislation/
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]
- Mayors Threat to Close Miami Cinema Over No Other Land Screening Condemned by Film Groups as First Amendment Violation - Yahoo - March 18th, 2025 [March 18th, 2025]
- TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights - Reason - March 18th, 2025 [March 18th, 2025]
- Kevin McCabe: Why defending the First Amendment means protecting the Second - Must Read Alaska - March 18th, 2025 [March 18th, 2025]
- Murder the Truth explores the campaign against the First Amendment - The Washington Post - March 18th, 2025 [March 18th, 2025]
- The Trump-Musk Administration Is Running Out of Ways to Ignore the First Amendment - Balls & Strikes - March 18th, 2025 [March 18th, 2025]
- From Gods to Google: DU Law Professor Sounds Alarm Over First Amendment and Technology Regulation - University of Denver Newsroom - March 18th, 2025 [March 18th, 2025]
- Intimidating abridgments and political stunts First Amendment News 461 - Foundation for Individual Rights and Expression - March 18th, 2025 [March 18th, 2025]
- Opinion | The Khalil case is a threat to First Amendment rights - The Washington Post - March 18th, 2025 [March 18th, 2025]
- Fallout from campus protests sparks debate on limits of the First Amendment - Spectrum News - March 18th, 2025 [March 18th, 2025]
- Troy Carico: Stabbing the First Amendment in the back in Alabama | - 1819 News - March 18th, 2025 [March 18th, 2025]
- Donald Trump Is Tearing Up The First Amendment - HuffPost - March 18th, 2025 [March 18th, 2025]
- Sorry Mahmoud Khalil, Aliens Do Not Have the Same First Amendment Rights as American Citizens - Immigration Blog - March 18th, 2025 [March 18th, 2025]
- BREAKING: Bill Nye to headline annual Loyolan First Amendment Week - Los Angeles Loyolan - March 18th, 2025 [March 18th, 2025]
- Spokane and Bonner county sheriff's offices can no longer hide or delete critical Facebook comments after First Amendment concerns, judges rule - The... - March 18th, 2025 [March 18th, 2025]
- Paula Rigano: Last time I checked, the First Amendment still stood - GazetteNET - March 18th, 2025 [March 18th, 2025]
- Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine - The Guardian - March 18th, 2025 [March 18th, 2025]
- Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam - Reason - March 18th, 2025 [March 18th, 2025]
- Free Mahmoud Khalil and protect students exercising their First Amendment rights! - MoveOn's petitions - March 18th, 2025 [March 18th, 2025]
- Guy Ciarrocchi: The lesson from Covid the experts hate our First Amendment - Broad + Liberty - March 18th, 2025 [March 18th, 2025]
- Trump Administration Faces Growing Backlash Over First Amendment Concerns and Threats to Free Speech - Arise News - March 18th, 2025 [March 18th, 2025]
- The Lobby, Mahmoud Khalil & the First Amendment - Consortium News - March 18th, 2025 [March 18th, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action Part 2 - Reason - March 3rd, 2025 [March 3rd, 2025]
- Inside Israel's Plan To Resume the War and 'Eradicate Hamas.' Plus, Trump's Press Pool Takeover Is Not an Assault on the First Amendment. - Washington... - March 3rd, 2025 [March 3rd, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action - Reason - March 3rd, 2025 [March 3rd, 2025]
- OPINION: Attacking the First Amendment and America's free press - Midland Daily News - March 3rd, 2025 [March 3rd, 2025]
- Press pool takeover drowns First Amendment - Freedom of the Press Foundation - March 3rd, 2025 [March 3rd, 2025]
- First Amendment Victory! Wyoming Airport Agrees to Settlement After Rejecting PETA Ad - PETA - March 3rd, 2025 [March 3rd, 2025]
- Our View: Theres nothing murky about the First Amendment - Palestine Herald Press - March 3rd, 2025 [March 3rd, 2025]
- Ohio Universitys complicated history with the First Amendment and student expression - The New Political - March 3rd, 2025 [March 3rd, 2025]
- A free press makes a country free The First Amendment protects the liberty of all - Hawaii Tribune-Herald - March 3rd, 2025 [March 3rd, 2025]
- Whats the First Amendment Got to Do With It? The White Houses Associated Press Ban - Law.com - March 3rd, 2025 [March 3rd, 2025]
- Opinion | The First Amendment Isnt on Trumps Side - The Wall Street Journal - March 3rd, 2025 [March 3rd, 2025]
- Trump Tries To Carve Out a First Amendment Exception for 'Fake News' - Reason - March 3rd, 2025 [March 3rd, 2025]
- MTHS receives its 15th First Amendment Press Freedom Award - MLT News - March 3rd, 2025 [March 3rd, 2025]
- The White House takeover of the press pool is a brazen attack on the First Amendment - MSNBC - March 3rd, 2025 [March 3rd, 2025]
- Donald Trump violated the First Amendment when he barred The Associated Press from the White House - The Observer - March 3rd, 2025 [March 3rd, 2025]
- D.C.'s U.S. Attorney Is a Menace to the First Amendment - Reason - March 3rd, 2025 [March 3rd, 2025]
- Ominous Move to Strip Americans of First Amendment Rights - DCReport - March 3rd, 2025 [March 3rd, 2025]
- Editorial New York Daily News: A free press makes a country free The First Amendment protects the liberty of all - The Daily News Online - March 3rd, 2025 [March 3rd, 2025]
- Narrow Applicability Is Not the Same As Narrow Tailoring: Applying the First Amendment in First Choice Womens Resource Centers v. Platkin - The... - February 27th, 2025 [February 27th, 2025]
- More to Every Story: First Amendment rights and public events - KREM.com - February 27th, 2025 [February 27th, 2025]
- Trumps lawsuit barred by the First Amendment, pollsters team argues - The Washington Post - February 27th, 2025 [February 27th, 2025]
- Judge orders local newspaper to remove editorial; owner says this violates First Amendment rights - WLBT - February 27th, 2025 [February 27th, 2025]
- AP sues Trump officials over Oval Office ban, citing First Amendment - Axios - February 27th, 2025 [February 27th, 2025]
- A free press makes a country free: The First Amendment protects the liberty of all - New York Daily News - February 27th, 2025 [February 27th, 2025]
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]
- Trump bans AP and words he doesn't like. 'Free speech' was never about First Amendment. | Opinion - USA TODAY - February 20th, 2025 [February 20th, 2025]
- Silenced: The Joby Weeks Case and the Erosion of First Amendment Rights - NewsBreak - February 20th, 2025 [February 20th, 2025]
- White House barring AP from press events violates the First Amendment - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- A New Hampshire town and a bakery owner are headed for trial in a First Amendment dispute - The Associated Press - February 16th, 2025 [February 16th, 2025]
- New Hampshire town and bakery take their 'First Amendment' legal battle over colossal pastry mural to trial - New York Post - February 16th, 2025 [February 16th, 2025]
- A.P. Accuses White House of Violating First Amendment - The New York Times - February 16th, 2025 [February 16th, 2025]
- First Amendment law legend: Fight back - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- First Amendment in Trump's second term: 'We're going to be busy,' free speech group says - Tallahassee Democrat - February 16th, 2025 [February 16th, 2025]
- Expression Over Radio Waves Is Not Exempt from the First Amendment - The Federalist Society - February 16th, 2025 [February 16th, 2025]
- Iowa lawmakers try again to pass anti-SLAPP bill expediting First Amendment cases - Iowa Capital Dispatch - February 16th, 2025 [February 16th, 2025]
- Three Senators Blast FCC for 'Weaponizing its Authority,' Cite First Amendment Concerns - Adweek - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America "violates the First Amendment" - CBS News - February 16th, 2025 [February 16th, 2025]
- Wave of state-level AI bills raise First Amendment problems - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Legendary First Amendment lawyer begs press to fight Trumps attacks - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]