Maryland Becomes Third State To Enact PACE Act Protecting Artistic Expression In Court

ANNAPOLIS, Md. — Maryland has taken a significant step at the intersection of art and the law, as Gov. Wes Moore signed the Protecting Artists’ Creative Expression (PACE) Act into law this week, placing new limits on how creative works can be used as evidence in criminal proceedings.

The legislation, introduced as Senate Bill 475 and led by Charles E. Sydnor III, aims to ensure that courts focus on a defendant’s actions, not artistic expression, when determining guilt or innocence.

“Yesterday, Governor Wes Moore signed the Protecting Artists’ Creative Expression (PACE) Act into Maryland state law,” Sydnor said in a statement shared publicly. “The legislation ensures that our courts rely on evidence of conduct, not creative imagination.”

The measure passed with support from a broad coalition of lawmakers, artists and advocacy organizations, including Marlon Amprey, who partnered on the effort, as well as national and state groups focused on civil liberties and the arts.

Maryland now becomes one of only a few states in the country to adopt legislation addressing how prosecutors may use creative expression, such as song lyrics or poetry, in court.

A Shift In How Art Is Treated In Court

At the heart of the PACE Act is a growing concern among artists and legal advocates that creative works have been used in ways that can unfairly prejudice juries.

Under the new law, courts must apply stricter standards before admitting artistic expression as evidence. This includes evaluating whether the material is directly relevant to the facts of a case, rather than simply suggestive or inflammatory.

Supporters argue the change protects First Amendment rights while reinforcing fairness in the justice system.

Sydnor said the law “provides a framework for the use of creative works like musical lyrics, poetry, and other forms of art as evidence in criminal proceedings,” adding that it upholds “our commitment to artistic freedom protected under the First Amendment.”

What The PACE Act Does

The Protecting Artists’ Creative Expression Act establishes clearer guidelines for when — and if — artistic content can be introduced in court.

Advocates say the law addresses long-standing concerns that certain genres, particularly hip-hop, have been disproportionately scrutinized in criminal cases.

In criminal cases across the country, prosecutors have at times introduced rap lyrics as evidence, arguing they reflect a defendant’s intent or connection to alleged crimes. In cases involving artists like Tay-K and Drakeo the Ruler, lyrics were cited in court to support broader narratives about alleged behavior, even when defense attorneys argued the content was fictional or exaggerated artistic expression.

Under Maryland’s new PACE Act, judges must more carefully evaluate whether such creative works are directly relevant to a specific crime before allowing them into evidence. The law is expected to limit the use of lyrics or poetry that could unfairly sway juries, helping ensure future cases are decided based on concrete actions rather than artistic interpretation.

Broad Coalition Behind The Bill

The legislation drew support from a diverse group of stakeholders, including music industry leaders, civil rights advocates and legal experts. Among those recognized for their efforts were industry executive Kevin Liles, attorney Dina LaPolt, the Black Music Action Coalition, Free Our Art and the American Civil Liberties Union of Maryland.

“Maryland is only the third state in the country that has taken this step forward,” Sydnor said, calling the measure a “historic moment.”

Looking Ahead

With the PACE Act now law, Maryland courts will begin implementing the new standards, which supporters say will help balance evidentiary needs with constitutional protections.

Backers of the bill view it as part of a broader national conversation about fairness in the justice system and the role of artistic expression in society.

As Sydnor noted, the goal is clear: ensuring that creative voices are not mistaken for criminal intent — and that justice is based on actions, not art.

Photo Source: Senator Charles E. Sydnor III Facebook Post

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