Author and professor Erik Nielson has long championed the absolute use of free speech and creative authority for artists. He co-authored the book Rap on Trial: Race, Lyrics, and Guilt in America, and has testified in cases where rap lyrics have been used as evidence.
“This first of its kind legislation will provide long-overdue protections for rap artists, whose lyrics are unjustly used against them in courts across the country,” Nielsen said in a press release.
He told Blavity that the bill’s passage is a major step forward.
“If nothing else, it demonstrates that Rap on Trial is a major problem in need of a solution,” Nielsen said. “This is important because another branch of government is weighing in. We just aren’t seeing the progress we’d hope for by working with, and trying to educate, actors within the criminal justice system alone. A statutory intervention, which will place the burden on prosecutors to demonstrate the relevance/probative value of rap as evidence, will hopefully limit the practice.”
While there is hope, Nielsen, who spent extensive time studying the topic, said he believes much more work is needed.
“This bill, even if passed by the assembly and signed by the governor, won’t end the practice entirely. It still allows for rap lyrics/videos to be introduced as evidence under certain circumstances, and it is state-specific. We still have 49 other states to contend with, as well as the federal government,” Neilson said.
Still, he is grateful to see progress.
“The New York senators who initially sponsored this have entered uncharted territory and deserve credit for understanding the potentially grave consequences of criminalizing creative expression, particularly that of young Black and Latino artists. We need other legislators to follow their lead.”
No date has been given on when SB S7527, now known as Assembly Bill A8681, will be heard by the New York Assembly.