(WASHINGTON)– PEN America today joined with the Free Our Art coalition to support reintroduction of the Restoring Artistic Protection Act (RAP Act) and called on Congress to pass this important legislation to protect creative expression. The bill, H.R. 4678, is the first of its kind at the federal level to limit the use of the creative works of songwriters, writers, screenwriters, playwrights, and other artists as evidence in criminal or civil court proceedings against them.
The legislation builds on H. R. 8531, which was first introduced in 2017, and has attracted growing support since it was originally introduced. The Restoring Artistic Protection Act of 2025 provides guardrails to protect the First Amendment rights of all artists. The legislation would allow prosecutors to admit the creative works of an artist as evidence but only under specific and limited circumstances established at a hearing where the jury is not present.
During a joint press conference, PEN America’s Hadar Harris, managing director of the Washington office, said: “PEN America welcomes re-introduction of the Restoring Artistic Protection Act (RAP Act) to defend the First Amendment rights of artists against wrongful prosecution based on the biased use of their words—whether as lyrics or dialogue in films and plays, or in novels—as evidence. Using song lyrics, fiction writing or other forms of art in criminal proceedings as alleged evidence of wrongdoing is completely antithetical to our tradition of free expression and our constitutional protections of free speech. It is an effort to weaponize free speech, the burden of which disproportionately impacts Black and brown communities who embrace a particular art form and poetic expression.”
She stated: “This is why important legislation like the RAP Act is critical in ensuring that artistic expression—particularly from communities of color who already grapple with unjust disparities in our country’s justice system and music industry—is never a crime. Protecting song lyrics and other forms of art from weaponization seems important in new ways in this era of democratic backsliding when culture is in the crosshairs and free speech is being used to detain and deport people on the basis of their free expression. Protecting song lyrics from any attempted use to implicate their author in alleged wrongdoing takes on new importance against this backdrop. We urge passage of this bill to ensure that this unjust and discriminatory practice ends.”
The legislation is critical now with the growing crisis due to artificial intelligence in creating, sharing, and searching for creative works. Over the last 18 months appeals courts in three states, Georgia, Tennessee, and Texas, have overturned convictions based on the wrongful admission in court of lyrics in criminal cases. Nationwide, more than 820 cases have been identified as using the creative works of artists in court proceedings against them.
The bill is supported by the music and film industries and backed by arts organizations such as Americans for the Arts, as well as SAG-AFTRA.
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057