Maryland Passes PACE Act: Protecting Rap Lyrics from Misuse in Criminal Trials
Maryland has become the third state to limit the use of rap lyrics as criminal evidence, enacting the Protecting Artists’ Creative Expression (PACE) Act. This move aims to protect free speech and prevent racial bias in courtrooms.
Maryland has officially joined the growing movement to protect artists' creative expression, passing legislation on Thursday, April 9, that restricts the use of rap lyrics as evidence in criminal trials. This makes Maryland the third state to rein in this controversial practice.
The Protecting Artists’ Creative Expression (PACE) Act sets a higher bar for prosecutors, requiring a judge to determine that the lyrics meet strict criteria before they can be admitted as evidence. This includes proving that the lyrics were intended as a literal statement about the facts of the case.
The bill is expected to be signed into law by Gov. Wes Moore. This action aligns with a nationwide effort to address concerns that using rap lyrics in court can stifle free speech and unfairly prejudice juries, particularly due to racial biases. High-profile artists like Young Thug and Lil Durk have recently faced indictments that quoted their lyrics.
Rap On Trial: Maryland Law Restricts Lyrics In Criminal Cases
Harvey Mason Jr., CEO of the Recording Academy, hailed the PACE Act as “an important victory for music creators,” emphasizing that “silencing any genre or form of artistic expression is an attack on creative freedom.”
While the use of rap lyrics in court has persisted for decades, facing criticism for potentially denying defendants a fair trial by treating artistic expression as literal confession, courts have largely upheld the practice. This has fueled the drive for legislative change.
Notably, in late 2020, the Maryland Supreme Court upheld a murder conviction against Lawrence Montague, partially based on a “jailhouse rap.”
The PACE Act doesn't outright ban lyrics as evidence but demands prosecutors demonstrate their evidentiary value. Judges must determine that the lyrics were intended as literal statements, are relevant to the case's facts, and pertain to a disputed issue.
This mirrors similar legislation enacted in California in 2022 and Louisiana, with New York also considering such measures. A federal bill has been introduced in Congress multiple times.
Kevin Liles, chairman of the Free Our Art group and a music industry veteran, expressed hope that other states will address the "growing weaponization of creative expression." He also stated the organization's intention to focus on passing similar legislation in New York.
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