When “Cop Killer” was released, it thus was not surprising that President George H.W. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Marion B. Brechner First Amendment Project is a nonprofit, nonpartisan organization located at the University of Florida in Gainesville, Florida. It also is found in verbal competitions such as “the dozens,” in which two opponents trade insults, often in rhyme, until a winner emerges. See Charis E. Kubrin, Gangstas, Thugs, and Hustlas: Identity and the Code of the Street in Rap Music, 52.3 SOC. So much so, that it’s time for … Ct. 2013), appeal denied, 2013 Ill. LEXIS 796 (Ill. May 29, 2013) (terrorist threats case involving writings that “constituted the formative stages of a rap song” by defendant with an “aspiring rap career”); In re S.W., 45 A.3d 151, 153 (D.C. Cir. But here’s the catch—Elonis claims these were rap lyrics. Joins the Fray: Juvie Life-Sentence Ban Is Retroactive, N.J. Sup. So what would the ultimate outcome of Elonis be? Shortly after his wife decided to leave him, 28-year-old Anthony Elonis, under the pseudonym “Tone Dougie,” began posting “self-styled ‘rap’ lyrics” on Facebook that contained “graphically violent language and imagery” concerning, among others, his estranged wife, a kindergarten class, and state and federal law enforcement. See Eithne Quinn, NUTHIN’ BUT A “G” THANG: THE CULTURE AND COMMERCE OF GANGSTA RAP (2005). BRADLEY & DUBOIS, supra at xxx-xxxi.At the same time, rap music is characterized by dense slang, coded references, intentional mispronunciations, and sometimes blazing-fast delivery, all of which defy interpretation at every turn. Because the answer is anything but clear and because a speaker’s First Amendment rights should not hang on what amounts to guesswork about an audience’s hypothetically reasonable knowledge of a complex artistic and political genre of expression, the actual subjective intent of the defendant-speaker must be considered in both the First Amendment and statutory true threats analyses.In summary, because artistic and political genres of expression like rap, through which alleged threats ostensibly are conveyed, involve a substantial likelihood that intended meanings may be misunderstood, amici curiae respectfully urge the Court to require proof of a defendant-speaker’s subjective intent to threaten under both the First Amendment and 18 U.S.C. (In a recent case about attempted criminal threats, Justice Goodwin Liu of the California Supreme Court gave a rigorous rationale for why threats should be both objective and subjective.). As the commercial success of artists like Eminem, Jay Z, and Tupac Shakur attests, rap music is now immensely profitable and arguably constitutes the most influential musical genre of the last thirty years. Often perceiving themselves as social outcasts and targets of institutional discrimination, they craft lyrics that give voice to the conditions in urban America that many people are not willing to confront – drug addiction, gun violence, and police brutality, to name a few – all while constructing themselves as figures of power within these precarious urban spaces. The Project’s director has published scholarly articles on the true threats doctrine, the subject at issue in this case, and presented a scholarly, refereed conference paper in early August 2014 regarding the intersection of true threats and rap music, which is at issue in this case.Erik Nielson is Assistant Professor of Liberal Arts at the University of Richmond, where his research and teaching focus on hip hop culture and African American literature. Elonis… PROBS. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Anthony Elonis was arrested on December 8, 2010 and charged with five counts of violating a federal anti-threat statute, 18 U.S.C. Both Elonis' and Bell's allegedly threatening speech were in the form of rap lyrics, which is a historically violent music genre, said Erik Nielson, an assistant professor at the University of Richmond specializing in the culture and history of rap. rap-style nom de plume, “Tone Dougie,” to distinguish himself from his “on-line persona.” Id., at 249, 265. However, many who knew him saw his posts as threatening, and a sampling of Elonis’ “rap” will demonstrate why: ***** Its visible role in uniting voters during President Barack Obama’s 2008 campaign – or motivating demonstrators during the recent Arab Spring protests – are but two of many testaments to its significance and global influence. Journalist Sally Banes, after watching a battle between rival crews in 1981, correctly observed that break dancing amounts to “ritual combat that transmutes aggression into art.” Sally Banes, Physical Graffiti: Breaking is Hard to Do, in AND IT DON’T STOP 6, 9 (Raquel Cepeda ed., 2004).Without an understanding of the history and traditions of hip hop culture, its artistic elements are vulnerable to misinterpretation. Google Chrome, Microsoft Edge. PSYCHOL. See Lester Spence, STARE IN THE DARKNESS: THE LIMITS OF HIP-HOP AND BLACK POLITICS 161-163 (2011).Yet the tendency to discount rap music as a form of poetry persists, even as its place in the academy has become more secure. Today, the Court began hearing arguments for Elonis … Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife. TOP lyrics de Alex Keyblade. Mathers may push the envelope with rhetoric that, to some, is unsettling, but like other rappers, he counts on his listeners to appreciate the important distinction between an artist and his art.In a lyric that captures the important distinction between fiction and reality in rap, Mathers, in the persona of Eminem, self-knowingly raps on the hit song “Sing For the Moment” that “[i]t’s all political, if my music is literal and I’m a criminal, how the fuck could I raise a little girl? by Michael … As sociologist Theresa Martinez puts it, rap is “an expression of oppositional culture.” Theresa Martinez, Popular Culture as Oppositional Culture: Rap as Resistance, 40.2 SOC. 24, 1988. 245, 252 (1991).While it would be misleading to extend the rap-as- journalism analogy too far, rap historically has functioned as a musical form that, through invented stories and characters, draws attention to a variety of pressing social issues, particularly those facing disadvantaged urban communities. She presented two groups of people with an identical set of violent lyrics, but she also removed any information that could identify the true source of those lyrics. Are you a legal professional? Rap lyrics, however, have very little to do with the case. PERSP. The parties have consented to the filing of this brief. We can decide this right now: The standard for overturning a jury verdict is whether there's enough evidence such that a reasonable jury could have found the elements of the crime beyond a reasonable doubt. At a 2012 symposium in London, John Sutherland, emeritus professor of English at University College London, argued for rap’s place in the canon, declaring that “in 20 years’ time, Tupac Shakur will be ranked with Walt Whitman as a great American poet.” See Hip-Hop on Trial, supra. [1] Pursuant to Rule of Court 37.6, the amici curiae state that no counsel for a party authored this brief in whole or in part, and no counsel or a party made a monetary contribution intended to fund the preparation or submission of this brief. 349, 350 (2011). Rap thus constitutes one facet – specifically, a verbal and musical one – of the larger culture of hip hop.Hip hop evolved with political overtones, as a means through which black and Latino youth could comment on and challenge the social conditions they confronted on a daily basis – conditions driven by deindustrialization, economic restructuring, and a precipitous rise in incarceration. § 875(c).Although it emerged as a voice for marginalized people who were often seeking an alternative to crime and violence, rap has, for several decades, drawn the ire and vitriol of police, politicians, religious leaders, and civic groups who maintain it is particularly threatening to American society. Directed by attorney Clay Calvert, the Project is dedicated to contemporary issues of freedom of expression, including current cases and controversies affecting freedom of information and access to information, freedom of speech, freedom of press, freedom of petition, and freedom of thought. Elonis v. United States, also known as the “Facebook free speech case,” will be heard by the Court in December of this year. Rap Music Lyrics as Art, Life, and Criminal Evidence, 31COLUM.J.L.&ARTS1(2007). Letra de Mordecai vs Finn rap. Ct.: Sex Offender Ankle Monitor Is Ex Post Facto Punishment. If the Court didn't think subjective intent was a necessary element of the crime, then why did it strike Virginia's law? APPLIED SOC. In the late 1980s and early 1990s, artists across the country such as LL Cool J, Too Short, and 2 Live Crew were being arrested for performances that authorities regarded as lewd or profane. As a result of such misinterpretation and misunderstanding, important political and artistic expression may be wrongfully squelched and punished.Amici thus respectfully request that the Court reverse the decision below of the United States Court of Appeals for the Third Circuit and hold that proof of a defendant-speaker’s subjective intent to threaten is required under both the First Amendment-based true threats doctrine and 18 U.S.C. It is what Professor Tricia Rose calls rap’s “pretense of no pretense.” Tricia Rose, THE HIP HOP WARS 38 (2008). Recognizing this type of rhetorical flexibility is essential to interpreting rap music.Most, if not all, art forms require some level of expertise to be fully understood. artistic elements, including graffiti, break dancing, DJing, and – critically for purposes of this case and brief – rap music. denied, 134 S. Ct. 59 (2013) (true threats case involving song written in a style that was “part country, part rap”); Illinois v. Oduwole, 985 N.E.2d 316, 324 (Ill. App. Elonis’ posts were often interspersed with disclaimers that the “lyrics” were “fictitious,” not intended to depict real people, an exercise of his First Amendment rights, and/or “therapeutic.” Id. Thispracticehassent dozens of young artists to jail.Research reveals that people often view rap as more dangerous and threatening when compared to other music genres. This material was often interspersed with disclaimers that the lyrics were “ficti- The Court doesn't have to say specifically where the line is; it just has to say that Elonis crossed it. That is to say, Elonis asserts that his threatening statements were actually "rap lyrics" that were "therapeutic." 2013), cert. "At trial, Elonis testified that his posts emulated the rap lyrics of the well-known performer Eminem, some of which involve fantasies about killing his ex-wife. See Peter Blecha, TABOO TUNES: A HISTORY OF BANNED BANDS AND CENSORED SONGS 118 (2004).Arguably the most famous clash with law enforcement came in 1992, when rapper Ice-T formed a heavy metal group called Body Count and released a song called “Cop Killer.” (An irony worth noting is that for years Ice-T has played police detective Odafin “Fin” Tutuola on the NBC show Law & Order: Special Victims Unit. A jury convicted Elonis of Counts 2 through 5. A multibillion dollar industry, hip hop has not only generated career opportunities for people who otherwise would not have had them, but it has also offered an artistic outlet for countless young people. However, many who knew him saw his posts as threatening, and a sampling of Elonis’ “rap” will demonstrate why: ***** Unless a defendant-speaker’s subjective intent is taken into account, these problems may cause a juror, particularly one unfamiliar with the genre or who holds negative stereotypes about it, to falsely and incorrectly interpret rap lyrics as a threat of violence or unlawful conduct. Although society has embraced other forms of entertainment that contain graphic depictions of sex, violence, and criminal behavior – violent video games (protected by the Court in Brown v. Entertainment Merchants Association, 131 S. Ct. 2729 (2011)), horror films, gangster novels, or any number of Emmy-winning shows on HBO, for instance – rap has for decades drawn the ire and vitriol of police, politicians, religious leaders, and civic groups who maintain that it especially threatens American society.Perhaps the most illustrative example is found in the response to N.W.A.’s 1988 protest song “Fuck tha Police,” which fiercely criticized discriminatory police practices in Los Angeles. These negatively stigmatized perceptions stem, in large part, from broader stereotypes, both about the genre itself and the primary creators of rap music – young men of color. There will be a concurring opinion in which one or more justices says, "You know what? Fried found that respondents characterized the lyrics as significantly more threatening and dangerous when they were labeled as rap rather than country. After more than thirty years, it is impossible to know how many other young men and women could say the same thing, but Ice-T’s and Notorious B.I.G.’s sentiments speak to the transformative, elevating potential of rap music.It may still be difficult for some people to comprehend rap music as an art form, never mind a positive one, but time has a way of changing our perspectives. )Ice-T was already a polarizing figure after Tipper Gore singled him out in a 1990 op-ed in which she depicted rap music as “dangerous” and “frightening.” Tipper Gore, Hate, Rape, and Rap, WASH. POST, Jan. 8, 1990, at A15. Rap lyrics often contain violent imagery, but when Anthony Elonis posted some on Facebook describing wanting his wife’s “head on a stick,” “making a name for [himself]” by shooting up a kindergarten class, and fantasizing about killing an FBI agent, they became a cause for concern. Elonis had posted statements on his Facebook page that appeared to threaten his ex-wife and other people in his life. Letra de Los Vengadores VS La Liga de la Justicia - Epica Batalla Final Del Rap Del Frikismo. She has served as an expert witness and consultant in multiple criminal cases involving rap music as evidence of alleged underlying criminal activity. Over the last three decades, this has proven especially true for rap music. Virginia C. Fowler, NIKKI GIOVANNI: A LITERARY BIOGRAPHY 122 (2013).While attracted to the political commentary, audiences are, no doubt, also drawn to gangsta rap’s highly exaggerated, sordid tales of urban life, making it the most popular (and most profitable) subgenre of rap. Re-Examines 1st Amendment True Threat Exception, Supreme Court to Hear 'True Threat' Facebook Rant Case, Song lyrics were a consistent subject of [Elonis'] postings, gave a rigorous rationale for why threats should be both objective and subjective, Pa. Fed. See George Lipsitz, FOOTSTEPS IN THE DARK: THE HIDDEN HISTORIES OF POPULAR MUSIC 164 (2007).The FBI’s response triggered a reaction from police departments across the country, which worked collectively to disrupt N.W.A.’s concerts, helping to set a precedent for the frequent attempts by police, even today, to prevent rap shows in their jurisdictions. Anything but “timid” or “in retreat,” rap today is a cultural force, its verses filling the airwaves from New York to New Delhi, from South Korea to South Africa.With audiences that dwarf their traditional literary counterparts, rappers have introduced the world to a powerful new poetry, memorized and recited by millions of people, that has given voice to entire communities of marginalized people, and at its best, has served as an anthem of resistance in the face of global injustice. In an unprecedented move, he sent a letter expressing his disgust and displeasure to N.W.A.’s label, Ruthless Records. Copyright © 2021, Thomson Reuters. Differential Reactions to Music Lyrics, 29 J. "Song lyrics were a consistent subject of [Elonis'] postings," Elonis claimed in his brief on the merits to the Court. App. Here's our prior coverage: Rap lyrics, however, have very little to do with the case. WU-TANG CLAN, Clan in Da Front, on ENTER THE WU- TANG CLAN (36 CHAMBERS) (Loud Records 1993). Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Additionally, the last decade has witnessed an alarming increase in the use of rap lyrics as evidence in criminal proceedings, a practice that often involves de- legitimizing rap as art altogether and (mis)characterizing it as autobiography Kubrin & Nielson, supra; see Andrea Dennis, Poetic (In)Justice? Virginia had written its statute so that the prosecutor didn't have to prove intent to threaten when the defendant burned a cross. U.S. v. Elonis: 'Rap Lyrics' Case Isn't Really About Rap Lyrics. During that same time period, it also has become the most controversial. Rap lyrics are often deemed autobiographical, even if the rapper composed them under a different name. Carrie Fried, Who’s Afraid of Rap? See Adam Bradley, BOOK OF RHYMES: THE POETICS OF HIP HOP 183 (2009). The U.S. District Court for the Eastern District of Pennsylvania denied Elonis’s post-trial motions, and sentenced him to forty-four months in prison and three years of supervised release. He was convicted and has served three years in prison. Anthony Elonis, a Pennsylvania man in the midst of losing his job and his wife, turned to Facebook to write violent rap lyrics under the pseudonym Tone Dougie. Probably the same, even if the Third Circuit got the law wrong. I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Elonis insisted that it was just a persona, and what he posted online were merely rap lyrics with no actual threat behind them -- but he still ended up in jail for a few years because of it. 24, 1988.Rapper Notorious B.I.G. Elonis, 135 S. Ct. at 2005. Rapper Chuck D of the group Public Enemy once described rap as “CNN for black America,” while Queen Latifah, another influential rap artist, compared it to “a newspaper that people read with their ears.” Catherine T. Powell, Rap Music: An Education with a Beat from the Street, 60 J. NEGRO EDUC. Internet Explorer 11 is no longer supported. In 1993, New York pastor and civil rights activist Calvin O. Butts held a high-profile demonstration in which he threatened to drive a steamroller over a pile of rap cassettes and compact discs that he claimed contained vulgar material. This brief demonstrated the multiple interpretative problems of meaning and understanding that surround rap music, the genre of expression used by Petitioner Anthony Douglas Elonis. Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife. United States Supreme Court. Visit our professional site ». For example, in rap battles – competitions, reminiscent of the dozens, in which rappers verbally spar in rhymed verse – it is common to use the term “body bag” to describe an opponent’s victory over an adversary (e.g., “you just got body- bagged”). In order to understand rap music, one must first understand hip hop. As Justice Scalia repeatedly emphasized in oral arguments in Heien v. North Carolina on Monday, the Court is concerned with judgments, not opinions. The case involves a man who began making disturbing statements on Facebook after his wife left him. The problems with muddled musical meanings addressed here thus are likely to arise again in threats cases and, in turn, necessitate consideration of the speaker- defendant’s subjective intent.With this background on rap in mind, a fundamental question illustrates a key problem with focusing only on a recipient-observer’s “reasonable” perspective in the true threats analysis: What level of knowledge of rap and understanding of its complicated conventions is a defendant-speaker to assume, in advance of communication, that a hypothetically reasonable person possesses in order to properly understand a rap message? Although Elonis maintained that many of the posts, which included menacing statements directed at his wife and a female FBI agent, were merely rap lyrics, the jury was unconvinced. But whether subjective intent is a component of a threat isn't seriously in question. ELONIS v.UNITED STATES(2015) No. In the signifying tradition, ambiguity is prized, meaning is destabilized, and gaps between the literal and the figurative are intentionally exploited. BLACK STUD. ONLINE NEWS, June 29, 2014.Petitioner Anthony Douglas Elonis, who testified at trial that his own Facebook posts were partly inspired by Eminem, appears to be doing much the same thing with lines like these: Although offensive, these lyrics are consistent with those found in Eminem’s songs and many others that derive from the gangsta rap tradition. Perhaps her most important scholarly work in this area, an article titled “Gangstas, Thugs and Hustlas: Identity and the Code of the Street in Rap Music,” was published in the journal Social Problems and has been cited more than 150 times and reprinted in four edited volumes. The case has said that the petitioner Elonis had posted violent rap lyrics threatening his ex-wife, his co-workers as well as the police and a kindergarten class and soon he was charged with 4 accounts of threats under Section 875 and was sent to prison for a maximum of 44 months. The lyrics were perceived as threats by his wife, his employer, a kindergarten class, and the FBI. All rights reserved. He was arrested for transmitting threats across state lines. By weakening gang culture throughout the city, hip hop achieved something that police and politicians had for years failed to accomplish. Épicas Batallas de Rap del Frikismo T2 This often is the point in rap, as well as in black vernacular generally, which long has employed semantic inversion (reversing word meaning), neologism (inventing new words), and other devices to maintain a “black linguistic code.” Geneva Smitherman, TALKIN AND TESTIFYIN: THE LANGUAGE OF BLACK AMERICA 70 (1977).