RAP Act of 2025

The RAP Act of 2025 would add a new Rule 416 to the Federal Rules of Evidence. Under this rule, evidence of a defendant’s creative or artistic expression would generally be inadmissible against the defendant. The government could overcome this exclusion only in a separate, jury-free hearing by clear and convincing evidence that the expression has a direct, literal meaning (not just figurative) or that the defendant adopted the literal meaning as their own thought, that the expression relates to the specific facts of the crime (in criminal cases) or the complaint (in civil cases), that the expression is relevant to a disputed issue of fact, and that the expression offers distinct probative value not provided by other admissible evidence. If admitted under these conditions, the court must redact the expression to limit what the jury sees and provide limiting instructions. The bill also defines what constitutes “creative or artistic expression” and adds the new rule to the Federal Rules of Evidence. The bill’s purpose is to shield defendants from broad, prejudicial use of their artistic or creative works in trials, while preserving narrowly tailored exceptions where such works are highly probative of specific facts and have clear, direct relevance.