Maryland's PACE Act: A Legislative Response to the Use of Rap Lyrics in Court

The legal landscape surrounding the use of rap lyrics as evidence in criminal trials has been significantly shaped by the case of Lawrence Montague, who was convicted for the murder of George Forrester in Maryland. In December 2020, the Maryland Court ruled that Montague's rap lyrics could be used against him in court, a decision that has been criticized for perpetuating bias against rap music and its artists. This ruling has set a troubling precedent, particularly affecting Black and Brown artists, as rap lyrics have been used in over 820 cases since the 1980s.

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In response to these concerns, Maryland has introduced the Protecting Artists’ Creative Expression (PACE) Act, which aims to establish clear standards for when creative works can be admitted as evidence in criminal proceedings. The PACE Act is set to join similar legislation passed in California and Louisiana, reflecting a growing movement among influential academics, defense attorneys, and music industry advocates. The bill is expected to be signed into law by Maryland Governor Wes Moore, reinforcing First Amendment protections that have often been overlooked.

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The PACE Act seeks to limit the use of artistic expression as evidence to narrowly defined legal circumstances. Specifically, it requires that any creative works presented as evidence must be evaluated by a judge prior to a jury trial. This includes instances where the work is intended to be taken literally, contains specific factual details related to an alleged offense, or is directly relevant to a disputed issue. The legislation aims to mitigate bias in the courtroom, particularly against Black artists whose expressions have historically been misinterpreted.

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Critics argue that the legal system has long misrepresented rap music, viewing it through a lens of racial bias that unfairly associates the genre with violence and criminality. Research indicates that jurors are more likely to perceive rap lyrics as threatening compared to similar expressions in other genres, such as country music. This disparity raises concerns about the fairness of trials involving Black artists, who often use their music to articulate personal and societal struggles.

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Advocates for the PACE Act, including entertainment attorney Dina LaPolt and Black Music Action Coalition chairman Willie “Prophet” Stiggers, emphasize the need for legal protections that recognize the cultural significance of rap music. They argue that Black artistry deserves the same legal protections as any other form of creative expression, and that the PACE Act represents a critical step toward rectifying longstanding imbalances in the legal system.

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As Maryland moves forward with the PACE Act, other states such as New York, Georgia, and Missouri are also considering similar legislation to protect artistic freedom. The momentum generated by the PACE Act could lead to significant changes in how creative works are treated in the legal system, potentially reshaping the landscape for artists across the country.

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• “Black artistry deserves the same legal protection as any other form of creative expression.” — Dina LaPolt, Entertainment Attorney

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• “Courts are starting to correct the problem — overturning convictions where rap lyrics were wrongly used — but that’s not justice, that’s damage control.” — Anonymous Source

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The PACE Act represents a pivotal moment in the ongoing dialogue about race, art, and justice in America, aiming to ensure that artistic expression is not misconstrued as evidence of criminality.

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