A coalition of hip-hop artists and advocates is calling on the U.S. Supreme Court not to include violent rap lyrics as evidence in a case against a Black man from Texas who was given a death sentence by a majority-white jury, The New York Times reported.
Prominent figures in the hip-hop community, including rappers Killer Mike, T.I., Young Thug, Fat Joe, and N.O.R.E., spoke on behalf of James Broadnax, also a rap artist, who is scheduled to be executed on April 30 in Dallas County. The artists argued that Broadnax deserved life with no parole, over the death penalty, for two 2008 murders; and claimed that prosecutors introducing the lyrics as evidence created a racial stereotype that turns artistic expression, particularly used by minority artists, into a death warrant.
As justices may not understand the
parameters of the musical genre and its culture, the coalition decided to help them out. “Tales of violence, sex and criminal behavior sell to a broad swath of Americans — and any would-be gangsta rapper must learn and practice these conventions of the form,” one of the briefs read, while arguing other genres like country music don’t get the same grief.Killer Mike, also known for his outspoken political commentary, touched on lyrics from artists like Johnny Cash, whose music once projected that he shot a man in Reno just to watch him die. The famous lyrics of reggae artist Bob Marley were also used, saying no one believed he “shot the sheriff.” “No matter how beautiful it sounds, or how horrific it may sound, it’s still just art,” Mike, whose real name is Michael Santiago Render, said.
“It’s an interpretation of the human spirit. It is not an admission of guilt.”
The “Michael” artist argued the jury may have been encouraged by prosecutors to confuse creative expression with real life. And lead counsel Chad Baruch of Johnston Tobey Baruch seems to agree.
According to The Washington Times, in a brief, Baruch feels that treating hip-hop lyrics as literal evidence of future violence encourages jurors to decide death penalty cases based on fear and stereotypes over the law.
He also claims that, without the presence of the lyrics during the guilt/innocence phase of the trial, the state failed to have legal relevance to the underlying charges.Broadnax was convicted of killing two white men, Matthew Butler and Stephen Swan, in 2009 during a 2008
robbery in Garland, Texas. The lyrics, which prosecutors claim had a general theme of “robbing, killing and selling dope,” were introduced after the conviction during a separate proceeding that decided if he should face the death penalty.In order to guarantee a death sentence, prosecutors must persuade the jury that the defendant is a heightened threat to society who may commit more violent acts under Texas law.
Astroworld rapper Travis Scott also submitted a brief in favor of Broadnax, saying that rap music is protected by the First Amendment, and called the ruling unconstitutional. He argued that criminalizing the genre is an infringement on his rights, and that the high court should “clarify the constitutional limits” of using “protected artistic expression as evidence of criminal propensity.”
Mike seemingly agrees, highlighting how, at a young age, he also wrote silly or incriminating lyrics. He believes Broadnax should go to jail, but the death sentence is a step too far. “I said a bunch of stuff that I thought was hard-core, that I thought would sound badass, and for those times it did,” he said, being grateful he was never held against them.
“I just don’t trust an environment where we allow art to bleed into the sentencing phase.”
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