Today, Congressman Hank Johnson (GA-04) and Congresswoman Sydney Kamlager-Dove (CA-37) re-introduced the Restoring Artistic Protection Act (RAP Act) to protect Americans from the wrongful use of their creative or artistic expression against them in criminal and civil proceedings.

The legislation, H.R. 4678, originally introduced in the 117th Congress, is the first bill of its kind at the federal level. The RAP Act adds a presumption to the Federal Rules of Evidence that would limit the admissibility of evidence of an artist’s creative or artistic expression against that artist in court.

 

 

As of June 2025, researchers have identified more than 820 instances of creative works being used in criminal trials from media reports and the appellate record alone. These cases most often revolve around the presentation of a defendant’s rap lyrics as literal confession, despite the genre’s well-known motifs of exaggeration, braggadocio, and playfulness. In practice, it is a loophole to admit character and propensity evidence, which are explicitly prohibited under Federal Rules of Evidence

“This legislation is long overdue,” said Congressman Johnson. “For too long, artists – particularly young Black artists – have been unfairly targeted by prosecutors who use their lyrics as evidence of guilt, even though there is no evidence that the lyrics are anything more than creative expression. When you allow music and creativity to be silenced, you’re opening the door for other realms of free speech to be curtailed as well. The government should not be able to silence artists simply because they write, draw, sing, or rap about controversial or taboo subjects. The Restoring Artistic Protection Act (RAP Act) would protect artists’ First Amendment rights by limiting the admissibility of their lyrics as evidence in criminal and civil proceedings. I thank my colleague Congresswoman Kamlager-Dove for joining me in co-leading this legislation.”

“Weaponizing lyrics or other creative works in court is a harmful tactic that stifles artistic expression and undermines the voices of not just musicians, but all who create and shape culture. With the reintroduction of the RAP Act, we continue to build momentum for ending this unjust practice. The Recording Academy is grateful to our Congressional partners, Representatives Johnson and Kamlager-Dove, for their leadership on an issue that poses real harm to creators in music and beyond.”– Harvey Mason jr., CEO, Recording Academy

“The Black Music Action Coalition supports and applauds Representatives Hank Johnson and Sydney Kamlager-Dove for their leadership and commitment to justice through the proposed RAP Act, which challenges the systemic injustice of using lyrics as evidence in criminal trials. Hip-hop was born from resistance. It is raw, real, and often uncomfortable — but discomfort is not evidence. Metaphor is not motive. And art is not a crime. Rap music is a powerful form of expression, rooted in truth and cultural identity. It deserves the same First Amendment protection and freedom of speech guaranteed to all forms of art. Hip-hop is not just the heartbeat of popular music — it is a cornerstone of American culture. We must protect it, not prosecute it.” – Willie “Prophet” Stiggers, President & CEO of the Black Music Action Coalition (BMAC)

“From poetry to plays to music, creative expression should be viewed as just that—not evidence to be held against artists in court,” said Congresswoman Kamlager-Dove. “Far too often, artists’ lyrics are used against them as evidence in court—disproportionately impacting young, Black artists. At a time when the Trump Administration is attempting to curtail free speech and silence dissent, legislation to protect artists’ freedom of expression is more important than ever. I’m proud to co-lead the RAP Act to encourage artists to create freely, without fear of repercussions or retribution.”

“Music has always been an invaluable expression of politics, pain, and social justice,” said Congressman André Carson (IN-07). “Music says what words cannot. Lyrics often move between the real and the surreal and between the literal and the imaginative, and that creative process must be protected. Policing creative expression goes against the First Amendment and tampers the creative expression that brought us the world’s most influential artists in history.”

“Musical lyrics of all genres can be alliterative, fantastical, boastful and at times, even hyperbolic. But what they are not intended to be – or marketed as – is ‘truth’. Prosecutorial tactics that use lyrics as ‘evidence’ of guilt without regard to due process and the freedom of expression are deeply disturbing and we commend Ranking Member Johnson for introducing the RAP Act, a commonsense protection against this troubling practice.” – Jeffrey Harleston, General Counsel and Executive Vice President, Business & Legal Affairs, Universal Music Group

“We applaud the reintroduction of this important legislation that will allow all creators to follow their artistic vision without barriers of prejudice. All too often Rap and Hip-Hop artists have been punished for the same kind of hyperbole and imagery other genres routinely use without consequence. Courts should consider relevance, not assumptions.” — Michele Ballantyne, President & COO, RIAA

The First Amendment guarantees the right to freedom of expression. But freedom of expression is stifled when safeguards are not in place to ensure that an artist’s art is not wrongfully used as evidence against that artist.

The RAP Act puts those safeguards in place to ensure that First Amendment protection is a reality for all artists in America.

Cosponsors (20): Kamlager-Dove (colead), Carson (IN), Casten (IL), Chu (CA), Crockett (TX), Frost (FL), Goldman (NY), Jayapal (WA), McIver (NJ), McGovern (MA), Ocasio-Cortez (NY), Pressley (MA), Ramirez (IL), Sewell (AL), Stansbury (NM), Tlaib (MI), Thaneder (MI), Thompson (MS), Williams (GA), Wilson (FL)

Supporting Groups: Congressional Hip Hop Power and Justice Task Force, Artists Rights Alliance, Recording Academy® (the GRAMMY Awards®), Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA), Recording Industry Association of America (RIAA), Atlantic Records, Warner Chappell Music, Warner Music Group, Warner Music Latina, Warner Music Nashville, Warner Records, Universal Music Group, Songwriters of North America (SONA), Music Artists Coalition, Black Music Artists Coalition (BMAC), Foundation for Individual Rights and Expression (FIRE), Live Nation Entertainment, Artists at Risk Connection (ARC), PEN America, American for the Arts

To read the bill, click HERE