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I. Introduction
"The role of the artist is to make the revolution irresistible" is a quotation by Toni Bambara.1 However, advocating for any type of revolution can be dangerous. So, who protects the artist and their art? Essentially, that is the role of the lawyer to protect the artist and their art, as well as to actively listen to their needs and advocate zealously for their best interests to help them mitigate risks. This holds especially true in the music industry, particularly for lawyers representing artists in the rap genre.
The music lawyer must be well-versed in all areas of the industry to sufficiently represent the talent. A significant aspect of the industry that rap artists are forced to deal with are the implicit biases surrounding Black men in American society. These biases are often used to criminalize the lives of rap artists.
Within the past year, there have been extensive conversations about using rap lyrics in criminal trials following the very high-profile arrests2 of Young Thug3 and Gunna.4 This issue has been continuously framed as a criminal justice issue. However, implicit biases impact daily music consumption (i) through the way rappers are treated in society and (ii) through the way their art is interpreted by listeners, both in and outside the courtroom. Such bias has a significant negative impact on artists and can stifle and silence Black voices and art.
Lawyers should be on the front lines protecting the rights of artists. That includes working to correct the injustice and unfair discrimination against rap artists. With the increase in digital technology and the way it is altering the music business, it is more important than ever to fully discuss the threat to Black artistry. Part I of this paper addresses the financial value of rap and the proposed legislation for limiting the use of rap lyrics in criminal trials. Part II highlights the deficiencies in the proposed legislation. Lastly, Part III proposes legislative and alternative solutions to address implicit bias against rap to afford Black artists greater protection in their artistic expression.
II. The Current Discussion of Rap on Trial
A. Rap's Transition to a Multi-Billion-Dollar Industry
Rap has evolved since its inception in the Bronx in the 1970s and today, hip-hop and rap...