A judge has ordered rapper BG to share new songs with US authorities before releasing them, so that they may determine whether the lyrics raise any issues under the terms of his supervised release from prison. Prosecutors had requested an order prohibiting him from rapping about specific issues.
Rapper BG (real name Christopher Dorsey) has been compelled to submit US authorities with copies of any songs he writes while on supervised release from jail. Officials will next determine whether his lyrics are “incompatible with the goals of rehabilitation.”
The court ruling is a compromise after prosecutors first sought an absolute ban prohibiting the rapper “from promoting and glorifying future gun violence/murder” through his music. BG’s lawyers contended that such a prohibition would be unlawful, violating his right to free expression.
The case adds to rising fears in the music world that US prosecutors are progressively limiting rappers’ free expression, including the use of lyrics as evidence in court.
Dorsey, a former member of the 1990s hip hop trio Hot Boys with Lil Wayne and Juvenile, was released to a halfway house last year after serving time in jail for illegal firearm possession. His rehabilitation proceeded in February of this year, when he began a two-year period of federal monitoring.
Since returning to music, he has had many run-ins with probation authorities, the first stemming from collaborations with fellow rappers Boosie and Gucci Mane, both of whom have prior criminal convictions. This is because those on supervised release are prohibited from “associating unnecessarily” with someone who has a past criminal conviction.
However, in those situations, Dorsey’s lawyers were able to demonstrate that both cooperation were permitted by officials while he was in the halfway house.
Following this, the debate over Dorsey’s lyrics began. Prosecutors said that the lyrics of the rapper’s new work were “inconsistent with the goals of rehabilitation” and requested the judge to limit Dorsey’s creative output.
The rapper’s lawyers responded, claiming that such a ban would be “an unconstitutional prior restraint of free speech”. Judge Susie Morgan said the reasoning “may be” fair, but that prosecutors’ concerns about Dorsey’s rehabilitation were also “legitimate.”
The judge’s agreement permits authorities to analyze Dorsey’s lyrics before he releases or performs them. If they have any concerns, they can approach the courts to request additional changes to the rapper’s supervised release terms.
As CMU previously documented, there is growing worry that US prosecutors are utilizing lyrics as evidence in court against musicians, particularly rappers.
Constitutional scholars believe that this violates the defendants’ free speech rights. The problem can disproportionately damage rappers because people mistakenly believe that rap lyrics are more grounded in reality.
While California has placed restrictions on the use of lyrics in criminal trials, lyrics can still be utilized in other jurisdictions, as seen by the Young Thug case in Georgia.
People spearheading the movement against the use of lyrics in criminal trials will be keenly monitoring the proceedings in this BG case, which might set additional key precedents for how creative speech is treated in the US criminal justice system.
