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House hearing on artistic‑expression bill emphasizes First Amendment and evidentiary safeguards
Summary
Lawmakers heard public testimony on House Bills 13‑89 and 10‑40, the "Restoring Artistic Protection Act," which would limit using artistic works as evidence except where a court finds the work is a true confession; supporters including arts groups urged passage.
Representatives heard testimony on House Bills 13‑89 and 10‑40, measures that would limit when courts may admit artistic expression—songs, poems, novels or other creative works—as evidence in criminal trials.
Representative Michael L. Johnson, one of the sponsors, told the committee the bills "ensure...artistic expression should not be used as a form of confession" while preserving an explicit carve‑out for statements that a court determines were intended as confessions. "If something is intended for artistic expression and the court makes the determination that it's artistic expression, that it then is not allowed to be admissible to the jury at the time of trial," Johnson said.
Executive Director Phil Wolotsky of Free Our Art testified in favor of the proposals, saying the practice of admitting art as evidence has grown rapidly and that the bills provide a four‑part judicial test. "This legislation is not a ban...it has been thoughtfully crafted to allow admittance of creative expression in the extraordinary circumstances where someone actually does tell on themselves," Wolotsky said, describing the test as: whether the work is literal or figurative; whether there is a specific fact pattern connecting the work to allegations; whether the matter is in dispute; and whether other cumulative evidence exists.
Ron Gubitz of the Music Artists Coalition also urged support, arguing the trend threatens First Amendment protections and noting that appellate courts in a number of states have overturned convictions where creative material had been admitted and later found prejudicial. Both witnesses emphasized the bills are designed to be narrowly tailored, not a wholesale ban on admitting any creative work.
Committee members asked clarifying questions about the bill's history and prior hearings; sponsors and witnesses described prior iterations and said legal practitioners have tracked appellate cases on the issue. No opponent witnesses testified during the hearing portion recorded in the transcript.
The committee concluded the public testimony portion and moved on to the next agenda item.
