Assembly Bill 2799: Protecting Artistic Expression and the First Amendment

A new California law called the Decriminalizing Artistic Expression Act, or AB 2799, was just passed to protect artists’ First Amendment rights. This is a big deal for rappers and musicians whose lyrics are often used against them in court. Let’s break down what the new law does, why it was created, and what it means for artistic freedom.

What does AB 2799 do?

AB 2799 prevents prosecutors from using an artist’s creative or artistic expression against them as evidence in criminal trials in California. Before, rappers’ lyrics were often quoted out of context and used to paint them as violent criminals. This bill stops that.

Specifically, the law says “the content of an artist’s creative expression, or the content itself, shall not be admissible as evidence to prove unlawful intent, motive, or conduct in a criminal proceeding.”¹

That’s a lot of legal jargon, but basically it means lyrics, poetry, visual art, and other creative works can’t be used as evidence of real-life crime. This protects rappers, poets, painters, and all kinds of artists.

Why was this law created?

For a long time, prosecutors have been using rap lyrics against artists, especially young Black men, in court. They take violent or graphic lyrics and argue those words prove the person committed a crime IRL. But lyrics aren’t necessarily autobiographical – artists create fiction!

Civil rights groups say using lyrics like this is an attack on free speech. The ACLU of California called it “a racially targeted practice.”² This law aims to protect creative expression and stop discrimination against rap music.

What’s the link to the First Amendment?

The First Amendment protects free speech and expression. Using lyrics against artists in court can violate those rights. The Supreme Court has ruled artistic expression is protected speech, even if it’s offensive.³

AB 2799 ensures creative works aren’t used to deny someone’s rights. America has a legacy of oppressing Black art forms like jazz and hip hop. Now Cali is leading the way in protecting them.

What do supporters say?

Advocates for AB 2799 say it strikes a balance between safety and creative freedom. Police and prosecutors can still use other evidence to charge crimes. But lyrics alone shouldn’t condemn someone.

“We should be able to express ourselves without fear…in our imaginations without fear of somebody bringing this up in a courtroom,” said rapper Meek Mill.⁴

Artists celebrate this as a win for hip hop. Kendrick Lamar said the law “will prevent prosecutors from intentionally and unfairly using rap lyrics as confessions.”⁵

What do opponents say?

Some police and prosecutors disagree. They argue lyrics can provide insight into an artist’s motivations or connections to real crimes. Preventing their use cuts out a tool for getting justice.

“AB 2799 goes too far,” said Vern Pierson of the California District Attorneys Association. He said courts can already filter out irrelevant lyrics, so a blanket ban isn’t needed.⁶

How does this impact social justice?

Many see AB 2799 as progress in the fight against racism in the justice system. Black artists are disproportionately targeted with their lyrics used against them.

“Art has been weaponized against communities of color,” said Dina LaPolt, attorney for the Black Music Action Coalition.⁷ Stopping this practice promotes equity.

What’s next for this issue?

The law only affects California, but supporters want national reform too. Federal legislation called the RAP Act would restrict using lyrics as evidence nationwide.⁷

Similar state bills are also in the works in New York, Maryland, and New Jersey. Change is bubbling up nationwide.

For now, AB 2799 protects rappers and artists in California. But it’s not the final word on balancing safety, justice and creative expression.