RAP Act of 2025

Summary

Prohibits federal courts from admitting a defendant’s creative or artistic expression (original or derivative) as evidence against that defendant, except under a narrow exception. The Government must prove by clear and convincing evidence in a hearing outside the jury’s presence that the expression was intended literally, refers to the specific facts at issue, is relevant to a disputed fact, and has distinct probative value not supplied by other admissible evidence. Courts must make on-the-record findings, redact admitted material to limit what the jury sees, and give limiting instructions. Defines “creative or artistic expression” for the rule, inserts the new rule into the Federal Rules of Evidence table of contents, and otherwise makes a procedural change to how certain expressive materials (like lyrics, stories, art, or performances) may be used in federal criminal and civil cases.

• Creates a new Federal Rule of Evidence that generally bars admission of a defendant’s creative or artistic expression in federal cases.
• Allows admission only if the Government proves four narrow elements by clear and convincing evidence in a hearing outside the jury’s presence.
• Requires on-the-record findings, redaction of admitted material, and limiting jury instructions when expression is admitted.
• Covers both original and derivative artistic works and defines “creative or artistic expression.”
• Amends only the Federal Rules of Evidence table of contents to insert the new rule; it contains no funding or agency directives.
• Applies in federal courts; it does not automatically change evidentiary rules in state courts.
• Raises procedural burdens for prosecutors and may require additional pretrial hearings and litigation over admissibility.
• May limit use of expressive materials commonly introduced at trial (e.g., song lyrics, poems, stories, social-media posts) unless strict criteria are met.