9th U.S. Circuit Court of Appeals,
Constitutional Law
Jul. 14, 2023
9th Circuit slides off slope with determination that rap music gives rise to sex discrimination claim
The court’s holding opens doors to personal and professional censorship. Although the 9th Circuit may be right about the District Court’s improper reasons for dismissal, its pronouncement against the music itself, rather than merely against the employees’ abusive conduct, raises grave implications for law and policy.
Like jazz before it, the ascendency of rap music from marginalized communities to mainstream pop culture demonstrates the creative, economic, and political power of Black artists in the United States. But the history of these genres reflects another, more disturbing pattern: disparate treatment from a justice system run by individuals clouded by their own prejudices against the same Black artists who provide such valuable commercial and cultural capital. Thus, when a ...
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