Free Our Art, a new non-profit dedicated to safeguarding First Amendment creative freedoms for artists, has officially launched with widespread support from major arts advocacy groups and creative industry leaders.
The nonprofit focuses on the growing trend of creative works being used as confessions in court, advocating for state and federal legislation to limit this practice, supporting legal aid for defendants and funding research.
Free Our Art backs legislation establishing a single standard for admitting creative expression as evidence in court. The bipartisan federal Restoring Artistic Protection (RAP) Act was reintroduced in 2023, and states including Georgia, Maryland, Missouri and New York are considering similar bills. This follows cases where courts have overturned convictions due to prejudicial use of lyrics as evidence.
The movement began in the music industry, where artists have faced increasing legal scrutiny, particularly in hip-hop.
Supporters include the Recording Academy, Black Music Action Coalition, Recording Industry Association of America, Songwriters of North America and SAG-AFTRA, among others. The organization’s leadership includes Harvey Mason jr., Julie Greenwald and Lyor Cohen, with advisory boards co-chaired by advocates and scholars including Dina LaPolt, Willie “Prophet” Stiggers, Dr. Erik Nielson and Lucius Outlaw III.
“RIAA is proud to stand with the creative community supporting free expression,” said Michele Ballantyne, president and COO of RIAA. “Free Our Art stands for responsible, balanced legislative approaches that protect the First Amendment and safeguard and encourage all forms of creative expression while allowing reasonable, limited use of artist works in court only where they are truly relevant and necessary and not being used to inflame and distort the process.”
Mason jr. added: “Music has always been a powerful tool for storytelling and self-expression, and unfairly silencing any genre or form of creativity is a violation against all music people. With the Free Our Art coalition, the Recording Academy will continue leading the fight to protect artists’ right to create freely, without fear of their work being criminalized.”
According to Free Our Art, scholars have documented nearly 700 cases where lyrics, primarily in hip-hop, were used in legal proceedings — with actual instances likely much higher. The group also cites a 2019 study at Arizona State University School of Law that found judges often fail to exclude creative works as character evidence, underscoring the need for legislative action.
Calling an artist’s right to create without fear “non-negotiable,” LaPolt, co-founder of SONA, said that “twisting creative expression into courtroom evidence isn’t just wrong—it’s a blatant attack on our First Amendment rights. This isn’t about one artist or one genre; it’s about protecting every creator from a dangerous legal precedent.”
The issue of lyrics being used in court gained renewed attention following the May 2022 indictment of rappers Young Thug and Gunna on RICO charges, where prosecutors cited song lyrics as evidence of gang affiliation. Young Thug received a 15-year probation sentence, while Gunna was released in December 2022 after pleading guilty to a gang-related charge.
Free Our Art aims to prevent similar cases from unfairly targeting artists based on their creative expression. More information on the organization’s efforts can be found here.
