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    New Use Of RICO Laws Can Impact Musicians’ Artistic Expression

    1 hours ago

    Since 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) has been used to expose crime organizations that posed as legitimate businesses. Originally designed to target organized crime, such as the mafia, RICO cases have started to move beyond mobsters. In recent years, RICO has been used to target teachers, politicians, and musicians in the hip-hop genre.

    After Young Thug was ensnarled in a RICO case with his label mates in 2022, he asked fans at Hot 97's Summer Jam to sign the Protect Black Art petition. The petition asks state and federal legislators to limit using rap lyrics in court proceedings as evidence against musicians.

    RICO’s History

    According to the U.S. Department of Justice (DOJ) Legislative History of RICO, the path to enactment for RICO started in 1950 as documentation began for the criminal infiltration of legitimate businesses. Antitrust laws were used to attack masked criminal activity in the 1960's. As a result, RICO was established in 1970 as Title IX of the Organized Crime Control Act.

    RICO in Rap

    As the number of rappers facing RICO cases grew, XXL compiled a list of artists indicted. The 2023 article named several high-profile rappers, including Bobby Shmurda and 6ix9ine, Casanova, and Fetty Wap.

    In 2022, Atlanta-based artists from the Young Stone Life (YSL) collective made headlines when a 56-count RICO case was made against the label. According to an article released by NPR, an 88-page indictment was filed in Fulton County, Georgia. YSL co-founder Young Thug was alleged to be conducting a business that doubled as a violent street gang. A case was built over approximately ten years that claimed the YSL gang is, in fact, a gang. Lyrics from YSL song lyrics that described "overt and predicate acts" were submitted by Fulton County District Attorney Fani Willis.

    Earlier this year, a RICO trial concluded a three-year case for YFN Lucci. The Associated Press reported that YFN Lucci accepted a plea deal after he was indicted on murder, gang, and racketeering charges in Fulton County. The case, which began in 2021, stated the rapper was part of the Bloods gang. YFN Lucci faced 13 counts against him as he awaited his trial. By accepting the plea deal, he was only required to plead guilty to a single count of violating the Street Gang Terrorism and Prevention Act.

    Protect Black Art

    Young Thug decided to reach out to the hip-hop community from jail just one month after being arrested. According to an article by Vulture, Young said music was something he used to express himself artistically. That was in a pre-recorded message played at Hot 97's Summer Jam in June 2022.

    Stating that using RICO in music is more than his case. He said black artists and rappers do not have the same freedom to express themselves in music as musicians of other races. Young Thug then asked attendees to sign the petition to Protect Black Art, which was co-written by Atlanta Records COO Julie Greenwald and 300 Entertainment co-founder and CEO Kevin Liles.

    Currently, the petition has over 96,000 signatures at change.org. The movement has garnered support from some of the biggest companies and names in the music industry.

    Final Thoughts

    Moving forward, it would not be surprising if more and more artists were implicated in RICO cases. The line between life and art is often blurred for many artists. Artistic expressions have First Amendment protection, and therefore, should not be used in criminal proceedings. Lyrics and video images are not proof that a crime has been committed. The only thing that should enter into an indictment are allegations that stem from real evidence.

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    Article originally written by Angela Durkin.


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