[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4678 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4678
To amend the Federal Rules of Evidence to limit the admissibility of
evidence of a defendant's creative or artistic expression against such
defendant, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2025
Mr. Johnson of Georgia (for himself, Ms. Kamlager-Dove, Mr. Carson, Mr.
Casten, Ms. Chu, Ms. Crockett, Mr. Frost, Mr. Goldman of New York, Ms.
Jayapal, Mrs. McIver, Mr. McGovern, Ms. Ocasio-Cortez, Ms. Pressley,
Mrs. Ramirez, Ms. Sewell, Ms. Stansbury, Ms. Tlaib, Mr. Thanedar, Mr.
Thompson of Mississippi, Ms. Williams of Georgia, and Ms. Wilson of
Florida) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Federal Rules of Evidence to limit the admissibility of
evidence of a defendant's creative or artistic expression against such
defendant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Artistic Protection Act of
2025'' or the ``RAP Act of 2025''.
SEC. 2. LIMITATION ON ADMISSIBILITY OF DEFENDANT'S CREATIVE OR ARTISTIC
EXPRESSION.
(a) In General.--Article IV of the Federal Rules of Evidence is
amended by adding at the end the following:
``Rule 416. Limitation on admissibility of defendant's creative or
artistic expression.
``(a) Creative and Artistic Expressions Inadmissible.--Except as
provided in subsection (b), evidence of a defendant's creative or
artistic expression, whether original or derivative, is not admissible
against such defendant.
``(b) Exception.--A court may admit evidence described in
subsection (a) if the Government, in a hearing conducted outside the
hearing of the jury, proves by clear and convincing evidence--
``(1)(A) if the expression is original, that defendant
intended a literal meaning, rather than figurative or fictional
meaning; or
``(B) if the expression is derivative, that the defendant
intended to adopt the literal meaning of the expression as the
defendant's own thought or statement;
``(2)(A) in a criminal case, that the creative expression
refers to the specific facts of the crime alleged; or
``(B) in a civil case, that the creative expression refers
to the specific facts alleged in the complaint;
``(3) that the expression is relevant to an issue of fact
that is disputed; and
``(4) that the expression has distinct probative value not
provided by other admissible evidence.
``(c) Ruling on the Record.--In any hearing under subsection (b),
the court shall make its ruling on the record, and shall include its
findings of fact essential to its ruling.
``(d) Redaction and Limiting Instructions.--If the court admits any
evidence described in subsection (a) pursuant to the exception under
subsection (b), the court shall--
``(1) ensure that the expression is redacted in a manner to
limit the evidence presented to the jury to that which is
specifically excepted under subsection (b); and
``(2) provide appropriate limiting instructions to the
jury.
``(e) Definition.--In this section, the term `creative or artistic
expression' means the expression or application of creativity or
imagination in the production or arrangement of forms, sounds, words,
movements or symbols, including music, dance, performance art, visual
art, poetry, literature, film, and other such objects or media.''.
(b) Clerical Amendment.--The table of contents for the Federal
Rules of Evidence is amended by inserting after the item relating to
rule 415 the following:
``416. Limitation on admissibility of defendant's creative or artistic
expression.''.
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