jnelsoninjax Posted January 23, 2015 Share Posted January 23, 2015 (CNN) Song lyrics that glorify violence are hardly uncommon. But a prosecutor in California says one rapper's violent lyrics go beyond creative license to conspiracy. San Diego-based rapper Tiny Doo has already spent eight months in prison, and faces 25 years to life in prison if convicted under a little-known California statute that makes it illegal to benefit from gang activities. The statute in question is California Penal Code 182.5. The code makes it a felony for anyone to participate in a criminal street gang, have knowledge that a street gang has engaged in criminal activity, or benefit from that activity. It's that last part -- benefiting from criminal activity -- that prosecutors are going after the rapper for. Tiny Doo, whose real name is Brandon Duncan, faces nine counts of criminal street gang conspiracy because prosecutors allege he and 14 other alleged gang members increased their stature and respect following a rash of shootings in the city in 2013. Prosecutors point to Tiny Doo's album, "No Safety," and to lyrics like "Ain't no safety on this pistol I'm holding" as examples of a "direct correlation to what the gang has been doing." No one suggests the rapper ever actually pulled a trigger. In fact, Duncan may rap about violence but he's got no criminal record. Duncan told CNN's Don Lemon he's just "painting a picture of urban street life" with his lyrics. "The studio is my canvas. I'm just painting a picture," he said. "I'm not telling anybody to go out and kill somebody." He denied any involvement with any gang but said the prosecution has him concerned about future creative expression. "I would love to continue to rap," he said. "But these people have you scared to do anything around here." Prosecutors say lyrics aren't the only evidence they have. At Duncan's preliminary hearing, they presented social media posts that they say prove Duncan is still a gang member. CNN Legal Analyst Mark Geragos says the district attorney may be trying to send a message "that you shouldn't glorify or glamorize gang activity." "The problem is you're going to run straight head-on into the First Amendment," he said. "If they don't have anything other than the album, this case I don't think would ever stand up." Source Link to comment Share on other sites More sharing options...
Tomo Posted January 23, 2015 Share Posted January 23, 2015 Looks like Tiny Doo is in big ###### fusi0n 1 Share Link to comment Share on other sites More sharing options...
fusi0n Posted January 23, 2015 Share Posted January 23, 2015 You know it's hard out there for a pimp, when is out there trying to get his money for his rent" timster 1 Share Link to comment Share on other sites More sharing options...
protocol7 Posted January 23, 2015 Share Posted January 23, 2015 If he doesn't have a criminal record how has he spent 8 months in jail? Did they lock him up for having a silly rapper name? Link to comment Share on other sites More sharing options...
timster Posted January 23, 2015 Share Posted January 23, 2015 Duncan told CNN's Don Lemon he's just "painting a picture of urban street life" with his lyrics. so, he paints every person that lives in an urban area as gang bangers? way to keep that stereotype alive buddy Link to comment Share on other sites More sharing options...
+LogicalApex MVC Posted January 23, 2015 MVC Share Posted January 23, 2015 If he doesn't have a criminal record how has he spent 8 months in jail? Did they lock him up for having a silly rapper name? Likely in jail pending trial on the current charges... Link to comment Share on other sites More sharing options...
Thomas the Tank Engine Posted January 25, 2015 Share Posted January 25, 2015 What the hell is with the lawyer, he looks like he's got something shoved up his ass? Link to comment Share on other sites More sharing options...
vcfan Posted January 25, 2015 Share Posted January 25, 2015 is this the first time this prosecutor has listened to rap music? Link to comment Share on other sites More sharing options...
FunkyMike Posted January 25, 2015 Share Posted January 25, 2015 "Creative License to Conspiracy" sounds like a neat Album name. Tiny Doo should be taking notes. Link to comment Share on other sites More sharing options...
Torolol Posted January 25, 2015 Share Posted January 25, 2015 In fact, Duncan may rap about violence but he's got no criminal record. Duncan should ask Sharpton for advices. Link to comment Share on other sites More sharing options...
dragontology Posted January 26, 2015 Share Posted January 26, 2015 Have these people never heard of Brotha Lynch Hung? The guy claims to be a cannibal, and talks about killing people, cutting them up, and eating them, though not necessarily in that order. Including babies. You can probably find his song, "Siccmade," on YouTube. (Just be warned, the lyrics are NSFW and NSFL.) I have it on my phone. I thought it was so cool when I was younger. Edgy or whatever. I played it today and it was just cringeworthy. Not that I support anyone being locked up for what they say, even if they're a bad musician with terrible lyrics. The First Amendment covers both of them. Link to comment Share on other sites More sharing options...
siah1214 Posted January 26, 2015 Share Posted January 26, 2015 he looks like he's got something shoved up his ass? lawyer MikeChipshop 1 Share Link to comment Share on other sites More sharing options...
Thomas the Tank Engine Posted January 26, 2015 Share Posted January 26, 2015 Oh, isn't that cute, a 4chan user has found a site where mature people congregate! Link to comment Share on other sites More sharing options...
FloatingFatMan Posted January 26, 2015 Share Posted January 26, 2015 Not that I support anyone being locked up for what they say, even if they're a bad musician with terrible lyrics. The First Amendment covers both of them. Does it though? I may be wrong, of course (not being American), but doesn't your first amendment right to free speech actually only apply as far as political speech goes? You're free to criticize your government all you like, but not to expouse hatred or violence. That's how it works over here, at least. TBH though, I think they're being a bit harsh on the guy. I can't stand rap, but 8 months just held on arraignment, with a possible 25 years, just for some stupid rap lyrics!?!? Sheesh... Just slap the guy with a fine and tell him to watch his potty mouth... Link to comment Share on other sites More sharing options...
Open Minded Posted January 26, 2015 Share Posted January 26, 2015 While rap is not my anywhere close to my favorite music, this is stupid. Are they going to go after John Malkovich for trying to kill the president in the movie In the Line of Fire? Or what about songs that glorify drug use? Link to comment Share on other sites More sharing options...
buddyhelp Posted January 26, 2015 Share Posted January 26, 2015 The avatar of Open Minded is what I feel after reading this... Link to comment Share on other sites More sharing options...
Dick Montage Posted January 26, 2015 Share Posted January 26, 2015 Tiny Don't Link to comment Share on other sites More sharing options...
siah1214 Posted January 26, 2015 Share Posted January 26, 2015 Oh, isn't that cute, a 4chan user has found a site where mature people congregate! Speaking of people with stuff up their butts. Link to comment Share on other sites More sharing options...
DocM Posted January 26, 2015 Share Posted January 26, 2015 Does it though? I may be wrong, of course (not being American), but doesn't your first amendment right to free speech actually only apply as far as political speech goes? You're free to criticize your government all you like, but not to expouse hatred or violence. > It covers virtually all speech save for libel, slander, things like yelling "FIRE!" in a theater, civil rights related stuff like misogynistic comments in the workplace, and some hate speech though the latter isn't as restricted as it is in Europe. Instead of being charged you're more likely to get your ass kicked up around your ears. Link to comment Share on other sites More sharing options...
remixedcat Posted January 26, 2015 Share Posted January 26, 2015 While rap is not my anywhere close to my favorite music, this is stupid. Are they going to go after John Malkovich for trying to kill the president in the movie In the Line of Fire? Or what about songs that glorify drug use? are they gonna go after nic cage for plotting to steal the deleclation of independance Dick Montage and Open Minded 2 Share Link to comment Share on other sites More sharing options...
FloatingFatMan Posted January 26, 2015 Share Posted January 26, 2015 It covers virtually all speech save for libel, slander, things like yelling "FIRE!" in a theater, civil rights related stuff like misogynistic comments in the workplace, and some hate speech though the latter isn't as restricted as it is in Europe. Instead of being charged you're more likely to get your ass kicked up around your ears. OK, Thanks for the info. I always wondered why you guys allow such scum as the KKK or the Westboro Baptist lot to keep flapping their yaps. Link to comment Share on other sites More sharing options...
compl3x Posted January 26, 2015 Share Posted January 26, 2015 Does it though? I may be wrong, of course (not being American), but doesn't your first amendment right to free speech actually only apply as far as political speech goes? You're free to criticize your government all you like, but not to expouse hatred or violence. My understanding is that you are not allowed to encourage or excite violence. You can't say things like "Let's go kill Jews, blacks, whites, Asians etc." or "hey, let's go rape some of the sorority sisters". You can't use your speech to incite/plan crime. You can use your speech to express repetitive rap themes that some other rapper has already covered 20 years ago, though . Bragging about being a gangster isn't illegal. Howqever, if you were stupid enough to rap specifically about a real crime you committed it might come back to bite you in the arse. Link to comment Share on other sites More sharing options...
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