"Hip Hop is the only thing that gave us a way out" — Papoose advocates against using rap lyrics as evidence in court

Rapper Papoose recently shared his views on whether rap lyrics should be admissible in court as evidence in a meeting with New York politicians on Tuesday, May 7, 2024. He spoke in support of the AB127 bill, which limits the "admissibility of evidence of a defendant’s creative or artistic expression against such defendant in a criminal proceeding."

Papoose supported the AB127 bill and also wanted to put the burden of proof on the prosecutor as opposed to the defendant. He explained his perspective in detail in an Instagram post dated May 8 and included video footage of his stance in the aforesaid meeting. He wrote in the caption —

"Passing AB127 would limit the use of a defendant’s creative work in a trial, ensuring artists are able to express themselves freely without fear of reprisal from the justice system."

Speaking about his stance, the rapper implied that the current legislation applies "almost exclusively to hip-hop and rap." In the video, Papoose argued that America "has a problem with violence, not hip-hop." He said —

“America has a problem with violence, not Hip Hop. Hip Hop is the only thing that gave us a way out, away from the negativity.”

Papoose is a New York-based rapper who has been in the industry since the 1990s. He has released 29 mixtapes and four studio albums since 1998.

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What is the AB127 bill and what is Papoose's stance on it?

As per the New York State Senate official website, the AB127 bill legally limits the "admissibility of evidence of a defendant’s creative or artistic expression against such defendant in a criminal proceeding." It means that it limits how a defendant's creative or artistic work can be used as evidence in court, either for or against him.

The purpose of the bill is to safeguard works of creative expression such as literature, music, poems, and films so that their use in criminal proceedings can be limited.

Papoose explained in his post that the bill does not seek to "ban the usage of creative work in criminal proceedings," instead, it aims to shift the burden of proof to the prosecutor, "who must prove the work is relevant and admissible." Papoose's post reads —

“AB127 establishes safeguards to ensure music, literature, film, and other works of creative expression remain protected by the First Amendment. This legislation seeks to establish a systematic framework for the handling of lyrics in legal proceedings. It does not ban the usage of creative work in criminal proceedings; instead, it shifts the burden to the prosecutor who must prove the work is relevant and admissible."

According to Papoose, passing the bill would ensure that artists can freely express themselves without "the fear of reprisal from the judicial system." The rapper also revealed that a companion bill to AB127 called SB1738 was passed in the Senate on March 27.

Papoose explained in his post that researchers and scholars have found out that the practice of using one's creative expression as admissible evidence at court almost "exclusively" applies to hip-hop and rap, although the law is not "genre-specific. He wrote —

“Researchers and legal scholars have seen this practice apply, almost exclusively, to hip hop and rap. And while the legislation is not genre specific, it is impossible to ignore the detrimental impact the existing practice has had on certain Black and Brown artists practicing their craft."

The rapper implied that the legislation specifically applying to hip-hop and rap is "detrimental" to certain black and brown artists who practice the craft. He further explained that the AB127 bill will provide "clear legal guidelines" to use lyrics as evidence in court. He said —

"By providing clear legal guidelines on the admissibility of lyrics as evidence, AB127 aims to prevent the unjust weaponization of creative expression for prosecutorial purposes.”

Papoose also explained in his post how the music industry is a "significant contributor" to the economy and culture in New York. He also used numbers to justify the music industry's contribution to the state's GDP. Papoose said —

"Today we visited the capital to fight for change on a very important issue. I used my tracks titled “Law Library” as a reference. In New York, the music industry is a significant contributor to the economy and culture. With over 202,000 jobs created and a substantial $19 billion contribution to the state’s GDP, music plays a vital role in New York’s prosperity."

Therefore, the rapper advocated for the passing of the AB127 bill to safeguard the rights of the musical community in New York and make sure they are able to freely express themselves through various forms of art.