Young Thug case: Will rap lyrics be used as evidence in gang trial?

Atlanta rapper Young Thug talks to defense attorney Brian Steel during jury selection in the “Young Slime Life” gang case at the Fulton County Courthouse Tuesday, September 12, 2023.  (Steve Schaefer/steve.schaefer@ajc.com)

Credit: Steve Schaefer

Credit: Steve Schaefer

Atlanta rapper Young Thug talks to defense attorney Brian Steel during jury selection in the “Young Slime Life” gang case at the Fulton County Courthouse Tuesday, September 12, 2023. (Steve Schaefer/steve.schaefer@ajc.com)

The Fulton County judge presiding over the lengthy “Young Slime Life” gang trial will hold a hearing Wednesday to determine whether rap lyrics can be used against Atlanta hip hop star Young Thug and his five remaining codefendants.

Prosecutors accuse the rapper, whose real name is Jeffery Williams, of being the cofounder and leader of a south Atlanta gang, and say some of his popular tracks glorify the group’s alleged crimes.

Defense attorneys say the star’s lyrics are a protected from of creative expression, and hope to have his music excluded from any evidence presented at trial. Williams’ attorneys strongly deny the charges, arguing that YSL stands for Young Stoner Life and is simply the name of the star’s music label.

The 32-year-old Grammy winning rapper has been in jail since May 2022 after being one of 28 people charged in the sweeping gang and racketeering indictment.

The indictment cites numerous rap lyrics by Williams and others as “an overt act in furtherance of the conspiracy.” It’s unclear how heavily prosecutors may rely on such evidence to build their case, however, or if they will even be allowed to do so.

Backlash to District Attorney Fani Willis’ decision to use the rappers’ lyrics against them was swift, with a number of popular artists, producers and music executives declaring that “hip-hop is on trial.”

A paid advertisement signed by music groups, record labels and artists ran in The Atlanta Journal-Constitution and The New York Times last year, asking prosecutors to stop using lyrics as evidence in criminal trials.

In addition, U.S. Reps. Hank Johnson and Jamaal Bowman, both Democrats, introduced the RAP Act in an effort to prohibit song lyrics from being used in federal cases.

Willis has defended her decision to introduce lyrics as evidence, saying, “If you decide to admit your crimes over a beat, I’m going to use it.”

Fulton County District Attorney Fani Willis speaks during a press conference in the District Attorney's office at the Fulton County Courthouse in downtown Atlanta, Monday, August 30, 2021. (Alyssa Pointer/Atlanta Journal-Constitution/TNS)

Credit: TNS

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Credit: TNS

The trial began in January with 14 defendants, but only six remain following a series of plea deals and severances. It took 10 months to seat a jury in the case, but 12 trial jurors and six alternates were finally selected last week. The trial itself is expected to take anywhere from three months to a year, with opening statements scheduled for Nov. 27.

Wednesday’s lyrics hearing is set to begin at 1 p.m. and could last up to three days.

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