NEW YORK, United States – Opening statements are set next week in rapper Young Thug’s long-awaited US gang conspiracy trial – and the prosecution will controversially be allowed to introduce rap lyrics as evidence.

Critics say the practice, which has sparked controversy several times in recent decades, is a constitutional violation of speech that stifles creativity, takes real-life song lyrics out of context and criminalizes artists of color.

This time, the defense had sought to exclude song lyrics from evidence, arguing that the use of verses could unfairly influence the jury.

But Atlanta Judge Ural Glanville ruled that 17 lyrics could be admitted and that additional verses could be presented if prosecutors could “lay the groundwork” of how they relate to alleged real-life crimes.

The American Civil Liberties Union (ACLU) has in the past viewed the prosecution of rape as a violation of free speech, including in the trial of Christopher Bassett, an aspiring Tennessee rapper who was convicted of murder.

The ACLU in that case argued that the state’s admission of a music video as evidence in the trial violated the First Amendment’s protection of free speech, stating that both images and lyrics were covered by its protections.

Young Thug, the 32-year-old rapper who goes by the name Jeffery Williams, was one of 28 alleged street gang members originally charged with racketeering in May 2022. Many of those defendants have since entered into plea agreements or are being tried separately.

The allegations included countless predicate offenses that supported an overarching conspiracy charge, including murder, assault, auto theft, drug trafficking and theft.

Prosecutors say Young Thug’s record label is a front for a crime ring and argue that the defendants belong to a branch of the Bloods street gang known as Young Slime Life, or YSL.

But defenders insist that YSL — Young Stoner Life Records, a hip-hop and trap label that Young Thug founded in 2016 — is merely a music label and a vague artist association, not a gang.

“FICTIONAL ART FORM”

During a recent hearing on the issue of admitting lyrics into evidence, the prosecution said: “The question does not concern rap lyrics. The question is gang texts.”

“These are partisan admissions,” said prosecutor Mike Carlson. “They just happen to appear in the form of texts.”

But the defense countered that “rap is the only fictional art form treated this way.”

“Once you put these texts in front of a jury, the blinders come off,” said Doug Weinstein, who represents artist Yak Gotti.

Several studies confirm Weinstein’s argument, including a 2016 article published in the journal Psychology, Public Policy, and Law that found rap was rated more “negatively” than country or in a control group.

The findings, the authors said, “reveal the possibility that rap lyrics could unduly influence jurors when used as evidence of guilt.”

Erik Nielson, a professor at the University of Richmond and a specialist in the field, told AFP in an interview in early 2023 that prosecuting rap lyrics “is part of a much longer tradition of punishing black expression.”

He noted that the explosion of social media has exacerbated the “disturbing” trend of rap prosecutions by making “this music and these videos far more accessible to everyone.”

Nielson couldn’t comment directly on the YSL case because he will be testifying there as an expert witness, but said, “We know that this rape issue in court is just one manifestation of a system hell-bent on locking up young men.” Color .”

The academic said he believes prosecutors view song lyrics as “insurance” for a conviction.

“If you have other evidence, don’t use the rap lyrics,” Nielson said.

“And if you have no other evidence, don’t even press charges.”

Monday’s opening statements are set to begin nearly 11 months after a painstaking jury selection process began at the same courthouse where former President Donald Trump is embroiled in a racketeering case.

The YSL trial could last well into 2024: the prosecution submitted a list of hundreds of potential witnesses.

The defense’s list includes experts and key witnesses, including family members and fellow rappers TI and Killer Mike.