In the 1970s, rap music emerged as a tool for Black artists to express their life experiences. Like many forms of Black art, rap quickly received criticism and disapproval because of its graphic depictions of various economic, political, and social issues. As the genre grew, the assault on rap shifted from public condemnation to criminal prosecutions. In the 1990s, prosecutors began using rap lyrics as evidence of criminality against Black artists. Specifically, a defendant’s rap lyrics serve as evidence of a confession, or as a method of establishing an element of a crime, such as intent, knowledge, or motive.

The continued criminalization of rap only became more pervasive over time. Now, RICO laws allow prosecutors to use rap lyrics as evidence to implicate a collective of Black rap artists in a criminal organization. The first instance of this occurred in 2022, when Grammy award-winning rap artist Young Thug, along with several artists from his record label, were indicted on RICO charges. Not only does this take the criminalization of rap to boundless heights, but it also violates the First Amendment’s freedom of association. As a result, Black rap artists now cannot freely collaborate without the fear of potential criminal liability.

Recognizing the ramifications that Young Thug’s indictment has on the future of rap and Black art, this Note argues for a heightened standard of admissibility for creative expressions. Accordingly, this Note builds upon the framework proposed in New York’s “Rap Music On Trial” Bill by creating an additional requirement that safeguards against the criminalization of rap collectives.