Maryland Limits Prosecutors’ Use of Art in Court

The Maryland legislature has signed a new act that establishes limits on how prosecutors can use a defendant’s creative expression, including rap lyrics and art, as evidence in criminal and juvenile court proceedings. The legislation follows years of legal challenges and advocacy aimed at preventing the use of artistic works to establish a defendant’s guilt.

The Maryland House of Delegates approved the legislation on April 7, 2026, before the act was signed by April 10, 2026. The law is designed to restrict the ability of prosecutors to weaponize art in the courtroom, addressing concerns that creative expression has been used as a proxy for criminal confession.

The Montague Case

The push for this legislation was heavily influenced by the legal battle of Lawrence Montague. Prosecutors in Montague’s case introduced a rap verse as evidence of his guilt in the killing of George Forrester. The lyrics in question were recorded using a jailhouse telephone and subsequently posted to Instagram.

During a jail phone call, Montague is recorded saying, I’m Gucci. It’s a rap. F**k [can they do] about a rap?

Montague was ultimately convicted and sentenced to 50 years in prison. On appeal, the state’s highest court affirmed the conviction, concluding that the lyrics made it more probable that Montague had shot and killed Forrester.

Legal Precedent and Bias

In December 2020, Maryland’s highest court ruled in the case of Montague vs. Maryland that rap lyrics can be admitted in court as evidence of a defendant’s guilt. This ruling established a precedent that critics argue embraced systemic bias within the legal system.

According to commentary by Dina LaPolt and Willie “Prophet” Stiggers, the court’s decision treated the rap genre as inherently violent. They argue that this reflects a flawed assumption that fails to distinguish between artistic persona and actual criminal conduct, thereby undermining the legal system’s responsibility to guard against bias.

The Free Our Art Movement

The ruling in the Montague case prompted a national movement to protect artists from having their work used against them in criminal trials. The movement gained momentum following a January 2021 opinion piece published in Variety, which helped catalyze a coalition of legal and music industry professionals.

This coalition, known as Free Our Art, is led by music executive Kevin Liles and co-chaired by Dina LaPolt and Willie “Prophet” Stiggers. The group consists of a bipartisan alliance of influential academics, civil rights attorneys, and defense lawyers.

The coalition includes several prominent music industry advocacy organizations, such as:

• The Recording Academy
• Songwriters of North America
• The Black Music Action Coalition

The Free Our Art coalition worked to urge lawmakers to act against the precedent set by the Montague ruling, arguing that the use of lyrics in court creates a dangerous environment for hip-hop and rap artists across the United States.

The newly signed Maryland act aims to close the legal loophole that allowed art to be presented as evidence of criminal intent or action, bringing what advocates describe as long-overdue limits to the prosecution’s use of creative works in the courtroom.