Washington University Journal of Law & Policy Volume 52 Justice Reform 2016 From Slavery to Hip-Hop: Punishing Black Speech and What’s “Unconstitutional” About Prosecuting Young Black Men Through Art Donald F. Tibbs Drexel University, Thomas R. Kline School of Law Shelly Chauncey Drexel University, Thomas R. Kline School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Criminal Law Commons, and the Law and Race Commons Recommended Citation Donald F. Tibbs and Shelly Chauncey, From Slavery to Hip-Hop: Punishing Black Speech and What’s “Unconstitutional” About Prosecuting Young Black Men Through Art, 52 WASH. U. J. L. & POL’Y 033 (2016), https://openscholarship.wustl.edu/law_journal_law_policy/vol52/iss1/9 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. From Slavery to Hip-Hop: Punishing Black Speech and What’s “Unconstitutional” About Prosecuting Young Black Men Through Art Donald F. Tibbs* Shelly Chauncey Writing rap lyrics—even disturbingly graphic lyrics, like defendant’s—is not a crime.1 Our criminal justice system is in an existential and constitutional crisis. We no longer know who we are or who we want to be. Over the past two decades, America has waged an increasingly punitive war on crime, and the casualties of that war have disproportionately been people of color; most specifically the young Black2 men and * Associate Professor of Law, Thomas R.