Reps. Hank Johnson and Sydney Kamlager-Dove Introduce Bill To Protect Artists’ 1st Amendment Rights
“Congress shall make no law…abridging the freedom of speech.”
“Freddy Mercury did not confess to having ‘just killed a man’ by putting ‘a gun against his head’ and ‘’pulling the trigger. Bob Marley did not confess to having shot a sheriff. And Johnny Cash did not confess to shooting ‘a man in Reno, just to watch him die’
WASHINGTON, D.C. – 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.”
“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.”
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.
WHAT THEY ARE SAYING
119th Congress Endorsers
“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
“As a union of artists and performers, SAG-AFTRA is charged with protecting creative expression and creative freedom which are essential to our culture and our country. Artists should never have to censor themselves for fear that their work will be turned against them in some future criminal proceeding. We support the Restoring Artist Protections “RAP” Act, and we thank Congressman Johnson for sponsoring this legislation to protect our members' right to freedom of speech.” – SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland
“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)
“History has taught us that taking an artist’s creative expression out of context is dangerous. The RAP Act prevents this and prohibits lyrics from being used against all artists in a court of law. The consistent practice by prosecutors of only introducing rap lyrics when artists of color are on trial is discriminatory and must be stopped. MAC applauds Rep. Johnson for his efforts.” – Susan Genco, Board Member, Music Artist Coalition (MAC)
“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
“The Songwriters of North America (SONA) fully supports and endorses the RAP Act, which addresses the troubling and discriminatory practice of using lyrics and other forms of creative expression as evidence in criminal proceedings. This tactic, deeply rooted in systemic racism, has been used primarily to target rap artists—most often young Black men—for simply exercising their right to free speech. The RAP Act represents a critical opportunity to protect artistic freedom, correct injustice, and uphold the constitutional rights of all Americans.” – Dina LaPolt, Co-founder and Board Member, Songwriters of North America (SONA)
“Artists of all mediums, whether that be music, film, or literature, should be free to create without fear that their works will unjustly be used against them. We thank Congressman Johnson and Congresswoman Kamlager-Dove for standing up for Americans’ free speech rights and championing this important piece of legislation.” – Greg Gonzalez, Legislative Counsel, Foundation for Individual Rights and Expression (FIRE).
"The Artist Rights Alliance strongly supports the RAP Act and applauds Congressman Hank Johnson for his continued leadership in fighting to protect artistic freedom. The targeted use of rap lyrics in prosecutions undermines our country's foundational principles of free speech and equal protection under the law. The RAP Act is a vital step toward ending this discriminatory practice and ensuring that all artists can safely enjoy their First Amendment rights without fear that their own work might be weaponized against them in a courtroom.” — Jen Jacobsen, Executive Director, Artist Rights Alliance (ARA)
"Too often, artists—especially those from marginalized communities—have seen their creative work distorted and weaponized in courtrooms. This misuse of artistic expression not only violates fundamental principles of free expression but reinforces systemic inequities in the legal system. ARC welcomes efforts like the Restoring Artistic Protection Act, which reflect a growing awareness that art must be interpreted through its symbolic, cultural, and imaginative dimensions—not as literal confessions of guilt. Ensuring that creative expression is protected in law is essential to safeguarding the right of all artists to create without fear." - Julie Trébault, Executive Director of ARC - Artists at Risk Connection
"Artistic freedom is a cornerstone of who we are as a nation. No artist should have to create under the fear that their work could be used against them in a court of law. At Americans for the Arts, we stand with artists in defending the right to free expression across all forms of creativity." -- Erin Harkey, CEO of Americans for the Arts
“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
“PEN America welcomes the re-introduction of the Restoring Artistic Protection Act (RAP Act) to defend the First Amendment rights of artists against wrongful prosecution based on the biased use of lyrics as evidence. For too long, artists– particularly Black and brown rappers— have been unfairly targeted by prosecutors weaponizing lyrics to advance criminal proceedings when there is no evidence that their lyrics are anything other than creative expression. To weaponize lyrics as though they were evidence of actual wrongdoing undermines the free expression rights of writers, songwriters, rappers and other musicians to express themselves freely without fear of self-incrimination. We urge passage of this bill to ensure that this unjust and discriminatory practice ends.” — Hadar Harris, managing director, Washington, DC, PEN America
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