This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Arthur D. Spatt found that defendant's rap videos and lyrics would be admissible in an upcoming trial for drug offenses and use of a firearm in furtherance of those offenses, unless defendant could raise a meritorious objection to any particular pieces of evidence. Judge Spatt also found no constitutional violation in a public school's banning a student from a show for failure to follow school policy during the performance of a satirical skit. And Judge Jack B. Weinstein questioned two Second Circuit precedents in a §1983 case.

Admissibility of Rap Lyrics and Videos in Criminal Trial

In United States v. Carpenter, 18 CR 362 (EDNY, Feb. 25, 2019), Judge Spatt granted the government's in limine motion to admit rap lyrics and videos in a criminal trial, subject to procedures requiring the government to submit its proposed excerpts in advance, to give defendant a chance both to raise objections as to unfair prejudice and to submit limiting instructions.

Defendant Carpenter, an aspiring rap artist, is charged with (1) conspiring to distribute heroin and cocaine base; (2) using a firearm to further sales of these substances; and (3) being a felon in possession of a firearm. In its case-in-chief, the government intends to introduce two of his music videos and song lyrics found on his iPhone. Defendant argues that these items are irrelevant and, in any event, unduly prejudicial.

Judge Spatt had no difficulty finding relevance, given the government's explanations. The videos and lyrics refer to people involved in defendant's offenses; explain his “preferred process for preparing and delivering drugs; show knowledge of the vocabulary and environment of the drug trade; and refer to the minimum quantity of illegal drugs that [defendant] sold to a given customer.”