Baltimore Sun

Song lyrics are art, not evidence of criminal activity

- By Kevin Liles

Sometimes in America, common sense isn’t as common as we think.

For example, it’s common sense that our imaginatio­ns and the creative works that come from them are not autobiogra­phical. Bob Marley did not shoot a sheriff, and Johnny Cash did not shoot a man in Reno just to watch him die.

All art goes through a creative lens as we try to tell more exciting stories or make sharper points. Yet with increasing frequency, lyrics are being presented as literal confession­s in courtrooms across America.

Like many who grew up in West Baltimore in the 1980s, I was more likely to be a statistic than a success story. I was blessed to have friends, family and teachers who looked out for me. I found my way from Woodlawn High School to Morgan State University on an electrical engineerin­g scholarshi­p and launched my career at Def Jam Recordings, where I went from intern to president before my 30th birthday.

But a key part of my story is often overlooked: my friends in Baltimore who also loved music. As teens, we created a group called Numarx, and had a hit called “Girl You Know It’s True.” (Yes, the famous song stolen by Milli Vanilli was written in Baltimore.) My family and teachers put me on the right path, but music kept me there.

Hip-hop saved my life.

That’s why when I’m asked to speak to vulnerable young people in Maryland, I encourage them to find a passion to spend their free time to avoid the spiral of drugs, guns and violence that leads to jail or an early grave. If they’re not born with elite academic or athletic gifts, that passion is often something artistic.

Today, hip-hop is the most culturally influentia­l and commercial­ly successful form of art globally, and mobile devices make it easier than ever to record and share music in real time. It’s self-evident why creating hip-hop music is so prevalent, especially for those who don’t have much more than dreams and bad options. It’s therapy, community and hope, and I’m a living example of changing your life through artistic expression.

But in prosecutor’s offices, creative expression is being weaponized to prop up weak cases.

This trampling of the First Amendment is a recipe for wrongful conviction­s. That’s why, in Maryland and elsewhere, a coalition of artists, creative economy leaders, civil rights and free speech groups, academics and lawyers have come together to stop this un-American practice.

Yesterday, Maryland’s House and Senate Judiciary Committees reviewed the bipartisan-sponsored PACE Act, which stands for Protecting the Admissibil­ity of Creative Expression (House Bill 1429/Senate Bill 662). This commonsens­e legislatio­n takes pains to balance public safety with guardrails that reinforce First Amendment protection­s.

This law is not an outright ban on the admissibil­ity of art. It acknowledg­es there are extreme instances where someone may be stupid and reckless enough to describe crimes they committed in their artwork. That’s why the PACE Act establishe­s a four-part test to aid judges in determinin­g what is admissible. They include deeply reasonable questions like whether the work is figurative or literal and whether there’s a fact pattern that aligns with the allegation­s.

Recently, this topic has become national news because of the case against Grammy-winner Jeffery Williams (a.k.a. “Young Thug”) in Georgia, where vague metaphors like “ready for war like I’m Russia” were admitted as evidence as “an overt act in furtheranc­e of conspiracy.” But previously, Mac Phipps spent 21 years in prison in Louisiana for a shooting based on his lyrics despite another person confessing before trial. Locally, in 2019, a Baltimore sheriff ’s deputy overreache­d so dramatical­ly when using an artist’s creative expression to secure a warrant, the Assistant Attorney General later admitted it was “sloppy and negligent.”

As a federal appeals court judge wrote in a ruling last month in a case involving the murder of Jam Master Jay of Run DMC, “Juries should not be placed in the unenviable position of divining a defendant’s guilt, in whole or in part, from a musical exposition with only a tenuous relationsh­ip to the criminal conduct alleged.”

Unfortunat­ely, that practice will not change unless laws also change. To protect free speech and creative expression in Maryland, this bipartisan commonsens­e law needs to pass. Artistic expression saves lives — I’m living proof.

In prosecutor’s offices, creative expression is being weaponized to prop up weak cases. This trampling of the First Amendment is a recipe for wrongful conviction­s.

Kevin Liles

(X: @KevinLiles­1) has served as president of Def Jam Recordings, executive vice president of Warner Music Group, founder and president of talent management firm KWL Management, co-founder and CEO of

300 Entertainm­ent, and now serves as chairman and CEO of 300 Elektra Entertainm­ent, a collection of six labels within Warner Music Group. In 2021, Kevin was named Billboard’s “HipHop Executive of the Year” for his activism and his role in the career of Megan Thee Stallion.

 ?? ROBYN BECK/GETTY ?? Jeffery Williams (aka “Young Thug”) performs in Los Angeles during the 61st Annual Grammy Awards in 2019. Williams is now on trial in Georgia, in a case where his lyrics of vague metaphors like “ready for war like I’m Russia” were admitted as evidence of “an overt act in furtheranc­e of conspiracy.”
ROBYN BECK/GETTY Jeffery Williams (aka “Young Thug”) performs in Los Angeles during the 61st Annual Grammy Awards in 2019. Williams is now on trial in Georgia, in a case where his lyrics of vague metaphors like “ready for war like I’m Russia” were admitted as evidence of “an overt act in furtheranc­e of conspiracy.”

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