NEW ORLEANS — Louisiana is one step closer to protecting creative expression when the artist is on trial, and legislators got some input from Lil Wayne.
The House has passed HB475 on Wednesday, which would make creative or artistic off-limits to prove character of a person in court.
It does, though, still allow prosecutors to bring in music, artwork, or other forms of expression as evidence if it specifically depicts or talks in detail about the actual illegal act being charged.
On the House floor, Speaker Pro Tempore Tanner Magee brought in two videos as part of testimony. One was from Dave Matthews of the Dave Matthews Band. The other was from New Orleans native Dwayne “Lil Wayne” Carter.
Carter said in the video in part, “Being able to speak freely in music is a form of expression, not a confession. And, again, I am an artist. I encourage Louisiana to vote in favor of House Bill 475.”
Rap lyrics and artwork have been used to convict people many times in the court system.
Recently, prosecutors in Los Angeles tried to use tracks from Baton Rouge native NBA YoungBoy against him on a gun charge. The judge in that case ruled to exclude the lyrics.
Under this bill in Louisiana, it would be clear to judges that kind of evidence would not be admissible.
Magee said during debate, “Stephen King writes books about murder. It doesn’t mean Stephen King murdered somebody… these are stories, these are artworks that tell you a story.”
He continued, “So, sometimes they’re doing and telling you bad stories to express what they’ve experienced, what their life is like, but it doesn’t mean they’ve committed a crime.”
The bill has support from the Recording Academy, although some District Attorneys are not in favor.
It passed by a wide margin in the house and is now scheduled for a second reading in the senate May first.
Click here to read the legislation.
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