A companion bill currently sits in the state’s assembly.
“Rap Music on Trial” Passes Senate
The New York State Senate passed legislation on Tuesday that would curb prosecutors’ ability to cite rap lyrics and other creative works as evidence in legal battles.
Dubbed “Rap Music on Trial,” the bill aims to “enhance the free speech protections of New Yorkers by banning the use of art created by a defendant as evidence against them in a courtroom,” according to a statement from State Sens. Brad Hoylman (D-Manhattan) and Jamaal Bailey (D-Queens).
“The legislation will protect all artists and content creators, including rappers from having their lyrics wielded against them by prosecutors,” the statement continued.
Right now, all forms of creative expression, including rap lyrics, can be used as evidence in criminal cases. Rap lyrics, however, are more likely to be weaponized against those who wrote them in trial, experts say.
“The use of rap and hip-hop lyrics in particular is emblematic of the systemic racism that permeates our criminal justice system,” Bailey said in a statement.
Hoylman agrees that there is a double standard.
“Nobody thinks Johnny Cash shot a man in Reno just to watch him die, or that David Byrne is a psycho killer, but routinely rappers have their lyrics used against them in criminal trials,” he tweeted.
The bill would not fully ban the use of rap lyrics in court. If made into law, prosecutors would need “clear and convincing proof that there is a literal, factual nexus between creative expression and the facts of the case” in order to use these works as evidence.
Major artists including Jay-Z, Meek Mill, Kelly Rowland, and Robin Thicke previously signed a letter in support of the legislation.
A companion bill currently sits in the New York State Assembly.
Rap Lyrics in Court
The use of rap lyrics against their artists is not an uncommon tactic. Earlier this month, an indictment charging Young Thug, Gunna, and two dozen others over alleged gang activity and conspiracy to violate racketeering laws used lyrics of the aforementioned artists.
While the case is in Atlanta and would not be impacted by the New York bill, the use of their lyrics has stirred controversy. In a motion requesting that Gunna be released from jail, his lawyers argued that it was unfair to cite these works.
“It is intensely problematic that the State relies on song lyrics as part of its allegations,” his lawyers said in court documents. “These lyrics are an artist’s creative expression and not a literal recounting of facts and circumstances. Under the State’s theory, any artist with a song referencing violence could find herself the victim of a RICO indictment.”
Fulton County District Attorney Fani T. Willis defended the indictment’s use of the lyrics and argued it did not violate the artist’s free speech.
In the letter signed by numerous recording artists, the authors said this kind of tactic “effectively denies rap music the status of art and, in the process, gives prosecutors a dangerous advantage in the courtroom.”
“Rather than acknowledge rap music as a form of artistic expression, police and prosecutors argue that the lyrics should be interpreted literally — in the words of one prosecutor, as ‘autobiographical journals’ — even though the genre is rooted in a long tradition of storytelling that privileges figurative language, is steeped in hyperbole, and employs all of the same poetic devices we find in more traditional works of poetry,” the letter, which was written by Jay-Z’s lawyer Alex Spiro and University of Richmond Professor Erik Nielson, said.
“Emancipation” Producer Apologizes, Hopes He Did Not “Distract” From Film’s Message By Bringing Photo of Enslaved Man to Premiere
He said he plans on donating his collection of historical images to appropriate institutions.
McFarland Brings “Whipped Pete” Photo to Premiere
“Emancipation” producer Joey McFarland apologized on Sunday after facing backlash for bringing the original 1863 photo of the enslaved person the film is based on to the premiere.
“I wholeheartedly apologize to everyone I have offended by bringing a photograph of Peter to the Emancipation premiere,” he wrote in a statement on Instagram. “My intent was to honor this remarkable man and to remind the general public that his image not only brought about change in 1863 but still resonates and promotes change today.”
The photo, frequently dubbed “Whipped Peter,” is one of the most famous images depicting the gruesome realities of slavery in America. He is facing away from the camera, revealing the severe scarring all across his back. According to the Library of Congress, the formerly enslaved man was actually named Gordon. Will Smith plays him in “Emancipation,” which follows his escape from slavery.
While walking the red carpet of the film’s premiere, McFarland carried the photo with him.
“I have the photo. This is the original photograph from 1863,” he told Variety. “I wanted it to be here tonight. I wanted a piece of Peter to be here tonight.”
While lamenting the fact that so many historical artifacts have not been properly preserved, McFarland told Variety that he “took it upon [him]self to curate and build a collection for future generations.” He said his collection will be donated after he dies.
His remarks were met with swift criticism from those who thought it was inappropriate for McFarland to not just own the picture, but to bring it to a Hollywood event.
“Why do you own the photograph? Why did you bring it to a movie premiere if the intent is to preserve it respectfully?” The Black List founder Franklin Leonard tweeted.
“I don’t know, man, but bringing ‘a piece of Peter’ that you ‘own’ to the red carpet of a movie that’s personally enriching you so that you can collect more slave memorabilia that you’ll keep until your death,” he added along with a giphy of Kenan Thompson saying “yikes.”
McFarland Acknowledges Historical Photos “Belong to the World”
Others argued that the photo should belong to Gordon’s family.
“Being in possession of a symbol that reflects our trauma is exactly what our oppressor would do. He is his ancestor’s child,” another person added.
In his apology, McFarland said that he hopes his actions “don’t distract from the film’s message, Peter’s story and just how much impact he had on the world.”
Throughout the development of “Emancipation,” McFarland said he discovered many photos of overlooked individuals with important historical stories. He said he always planned to donate them and believes “there is no better time to begin that process than now.”
“These photographs, which existed before me, will be around long after I am gone; they belong to the world,” he wrote.
See what others are saying: (Variety) (The Hollywood Reporter) (The Daily Beast)
Joe Rogan Holds Spot As Top Podcaster on Spotify in 2022
Earlier this year, some threatened to boycott the platform over Rogan and the health misinformation he shared on his show.
For the third year in a row, “The Joe Rogan Experience” was the number one podcast on Spotify, the company revealed in its yearly “Wrapped” feature on Wednesday.
“The Joe Rogan Experience” became exclusive to Spotify in 2020 after the host signed a lucrative deal with the audio streaming platform. “Call Her Daddy” by Alex Cooper, also a Spotify exclusive, followed Rogan on the charts. “Anything Goes With Emma Chamberlain,” which will become exclusive to the service next year, came in third.
Rogan’s podcast has made several headlines over the last year as the podcaster faced backlash from medical professionals and major musicians for touting COVID-19 misinformation. Niel Young asked to have his music removed from Spotify in protest of the company’s deal with Rogan, and several other artists soon followed.
Just a few days later, several clips resurfaced of Rogan using a racial slur. Many called to boycott Spotify for platforming Rogan, but his popularity did not seem to fade by the year’s end.
There are over four million podcasts available to stream on Spotify and over the last year, the platform has expanded into new markets.
It also has started launching podcasts from several high-profile figures, including Kim Kardashian’s “The System,” and Meghan Markle’s “Archetypes.” Both of those debuted mid-year and did not crack the annual top-five list.
Comedian Gives David Beckham Ultimatum: Exit Role at Qatar World Cup Or £10K in Donations Gets Shredded
“Not just the money, but also your status as a gay icon will be shredded,” Joe Lycett said in a video.
Pressure on Beckham
Comedian Joe Lycett posted a video on Sunday saying he would shred £10,000 if soccer star David Beckham does not pull out of his deal to be an ambassador for the Qatar World Cup.
Ahead of the event, which kicks off on Nov. 20, many have been raising concerns about human rights abuses in Qatar. The country criminalizes homosexuality, and it can be punishable by death.
Beckham’s deal to represent the country was reportedly worth £10 million, and many are frustrated that the athlete took such a big check from a country with known anti-LGBTQ laws. In his video, Lycett noted that Beckham has been openly supportive of his gay fans and was the first premiere footballer to do a photoshoot with a gay magazine.
In an attempt to get Beckham to bow out of his role, Lycett, who is pansexual, offered an ultimatum.
“If you end your relationship with Qatar, I’ll donate this £10,000 of my own money, that’s a grand for every million you’re reportedly getting, to charities that support queer people in football,” he stated. “However, if you do not, at midday next Sunday, I will throw this money into a shredder.”
“Not just the money, but also your status as a gay icon will be shredded.”
Beckham’s Reputation “Shredded”
Lycett said he would livestream the money shredding if that’s what the situation comes to. If Beckham does not back out of the World Cup, Lycett noted he will be forced to “commit what might be a crime,” as destroying legal tender is against the law in the U.K.
“Although even then, I reckon I’ll get off more lightly than I would if I got caught whacking off a lad in Doha,” Lycett quipped.
Lycett then linked to a website titled https://benderslikebeckham.com/, which includes a written version of his message, as well as a countdown to when he will either shred the cash or send it to a non-profit.
Lycett is not the only U.K star to raise concerns about issues in Qatar. Singer Dua Lipa shut down speculation that she would be performing at the World Cup over the weekend by saying she has no intentions to visit the country until “it has fulfilled all the human rights pledges it made when it won the right to host” the event.
Other stars, however, including BTS’s Jung Kook, are slated to take the stage.