You are, however, allowed in all jurisdictions to write a story like Edgar Allan Poe's "The Tell-Tale Heart" where the narrator does the same.
The question that arises in rap music is, when the rapper says, "Imma kill Bob Jones and cut his heart out his chest," is it more like the former or the latter? Is the "I" the rapper, or like Poe's narrator? It's a hard question for the law, because yes, the distinction between a novelist and a rapper is deeply tied into structural discrimination along lines of race and class, but also there are many more rappers than novelists who become the perpetrators and victims of violent deaths.
So why is it different if it's rap?
its all fiction until it means ruining someone's life
And ironically, it was Bob Jones who directly said that student protesters (like those at Kent State) should be shot. Yet he is not cited as evidence in mass shootings.
So while there is some abstract principle about hypothetical fiction vs intentional directive. There is something going on other than rational and even application of a principle. Likewise, I imagine very few young men of color are found not guilty on the Twinky Defense.
Later in the paper, the authors posit that a feature of the rap genre is to “blur” the distinction between fictional exploits (e.g. of committing crimes) and reality, and that defendants seem to not get the benefit of the doubt.
> In spite of the creative license that many rappers take when crafting their songs, scholars have noted that the legal system has increasingly used rap lyrics as evidence as if the words were “truthful and autobiographical.”
> ...While nobody believes that Bob Marley shot the sheriff or Johnny Cash shot a man in Reno, neither artist tried to convince the public that the crimes were real. There was no question about the distinction between artist and performer. Rappers, however, blur that distinction all the time.
It's funny, and appropriate, that Johnny Cash is used as an example of how non-rap music is obviously meant to be fictional. While I never thought he "shot a man in Reno", I had always assumed he had some kind of less serious prison record. But Wikipedia says "he never served a prison sentence", though he did go to jail several times for misdemeanors. Country music has plenty of songs about lawlessness and debauchery; as prominent as the genre has been, it would be surprising, statistically speaking, if country lyrics were never used against the artist, in criminal or civil cases (e.g. divorce suits and songs about adultery).
edit: added second excerpt
Poetry is an artistic expression of ideas and feelings.
I suppose all songwriters could preface their music with : "I plead the 5th amendment"
Just because lyrics are poetry, does not mean the story it tells is made up.
If a rapper rattled off GPS coordinates bragging about where he buried a dead body, and the police found that body there, would you support using that as evidence to start an investigation into the rapper?
Rappers today use songs to tell of real events
but if the king hangs a bard or jester for a song or joke he doesn't like, it is a despotic use of power. The courts job is to fairly dispense justice and utilizing someone's artistic expression to punish them and then at the same time discounting it if it would exonerate them is an abuse of that power
these incentives are all messed up.
I always found it funny yet somewhat disturbing, and the paper makes it more real than I can comfortably handle.