In a landmark move for artists’ rights, Maryland has passed the Protecting Artists’ Creative Expression (PACE) Act, which prevents prosecutors from using rap lyrics as evidence against artists in court. This new legislation, spearheaded by State Delegate Marlon Amprey, establishes a crucial framework to safeguard creative expression, ensuring that artists can create without fear of their words being weaponized in legal proceedings.
The PACE Act is set to be signed by Governor Wes Moore on May 12, with enforcement commencing on October 1, 2026. For over four years, Delegate Amprey has worked tirelessly to garner bipartisan support for this initiative, which is a significant step towards protecting artists’ rights.
“The reality is, if that song isn’t having anything to do with the trial, then it shouldn’t be used in court,” Amprey stated, emphasizing the necessity of separating artistic expression from criminal liability. The law does not completely ban the use of lyrics as evidence but introduces a four-pronged test that judges must apply to assess the relevance and fairness of such evidence before it can be presented in court.
This legislative change comes at a critical time, especially in light of past cases where rap lyrics have been misused as confessions, leading to severe consequences for artists. Notably, the case of James Broadnax in Texas, where prosecutors treated his lyrics as admissions of guilt, highlights the dangers of this practice. Recent years have seen wrongful convictions vacated in states like Georgia, Texas, Tennessee, and New York due to the improper use of lyrics in criminal trials.
The PACE Act is not only a victory for Maryland but also serves as a beacon for other states to follow. Kevin Liles, a Baltimore native and leader of the Free Our Art initiative, celebrated this achievement while looking ahead to future legislative efforts. “We did this the right way with a bipartisan coalition of allies and backing by diverse arts groups,” said Liles, who is now targeting New York for similar legislation.
On a national level, the Restoring Artistic Protection Act has been introduced in Congress by Representatives Hank Johnson and Sydney Kamlager-Dove. This federal bill aims to replicate Maryland’s success across the country, reinforcing the principle that creative expression should not be a tool for prosecution. The support of organizations like BMAC, The Recording Academy, and PEN America underscores the necessity of protecting artists’ First Amendment rights.
With the passage of the PACE Act, Maryland is poised to become the safest state on the East Coast for artists to create freely, demonstrating a significant shift in the legal landscape regarding artistic expression. As this movement gains momentum, the hope is that it will inspire similar protections nationwide.
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