Possible 1st Amendment Violation: Sacramento Rapper Sentenced to Life
In December of 2016, Deandre Rogers, who goes by the name of Lizk, a rapper from Sacramento,
posted the music video to his song, “No Air”. The video contained Rogers, a known gang member,
dancing with a gun, promoting his own gang, and insulting rival gang members. Under the 3rd strike
law in California, an offender has three strikes, or three felonies, before they receive a much harsher
sentence. Rogers previous indictments included assault with a firearm, and carrying a concealed,
unregistered firearm. The Sacramento police claimed that they were already planning to track him
down to search him as he was a previous felon, but seeing the video expedited the process. The day
that the video was dropped also is important, as the 5th of december is the anniversary of the shooting
death of a member of the G Mobb gang- rivals to Rogers Oak Park Bloods This timing paired with the
lyrics could be seen as a purposeful antagonistic move on Rogers part, especially with the guns.
posted the music video to his song, “No Air”. The video contained Rogers, a known gang member,
dancing with a gun, promoting his own gang, and insulting rival gang members. Under the 3rd strike
law in California, an offender has three strikes, or three felonies, before they receive a much harsher
sentence. Rogers previous indictments included assault with a firearm, and carrying a concealed,
unregistered firearm. The Sacramento police claimed that they were already planning to track him
down to search him as he was a previous felon, but seeing the video expedited the process. The day
that the video was dropped also is important, as the 5th of december is the anniversary of the shooting
death of a member of the G Mobb gang- rivals to Rogers Oak Park Bloods This timing paired with the
lyrics could be seen as a purposeful antagonistic move on Rogers part, especially with the guns.
The police followed Rogers as he got into a car (that was not his and that he was not driving).
Deputies pulled over the car, discovering two loaded guns. He was charged with felony firearm
possession and gang enhancement charges.
possession and gang enhancement charges.
In the court room, his lyrics were used as proof that he was a violent killer. However, his attorney
argued that the gang symbols and violent lyrics could just be a persona used to sell his music.
The police admitted to assuming his guilt and interpreting the lyrics in the way they believed they were
written. He said from his jail cell, “If I was anybody else, I wouldn’t be in here for this. With the gang
enhancement, it makes it violent. They’re trying to strike me out on a gang charge.” There was no
investigation into if the guns belonged to someone else, as Rogers claimed they did. Sacramento is
notorious for gang-related and gun crime. Lizk and his hometown rival, Mozzy, are the wellknown faces
that represent some of this in the media. Could the police have wanted a victory to bring the public a
feeling of safety? Sentencing Deandre Rogers doesn’t seem fair, and there is clearly a lack of evidence.
Where is the line between art and breaking the law? In Rogers case, it seems that he may have
crossed that line.
In class, we covered many cases of the first amendment and what is protected speech and
argued that the gang symbols and violent lyrics could just be a persona used to sell his music.
The police admitted to assuming his guilt and interpreting the lyrics in the way they believed they were
written. He said from his jail cell, “If I was anybody else, I wouldn’t be in here for this. With the gang
enhancement, it makes it violent. They’re trying to strike me out on a gang charge.” There was no
investigation into if the guns belonged to someone else, as Rogers claimed they did. Sacramento is
notorious for gang-related and gun crime. Lizk and his hometown rival, Mozzy, are the wellknown faces
that represent some of this in the media. Could the police have wanted a victory to bring the public a
feeling of safety? Sentencing Deandre Rogers doesn’t seem fair, and there is clearly a lack of evidence.
Where is the line between art and breaking the law? In Rogers case, it seems that he may have
crossed that line.
In class, we covered many cases of the first amendment and what is protected speech and
what is not. Due to the timing and lyrics Lizk displayed in his video, he was convicted of gang
enhancement charges and sentenced to the mandatory 30 to life. Was this an unfair violation of
his first amendment rights, or were police right to see his song “No Air” and its video as a threat?
And could the guns truly not be his, and just used as props for effect in his video. Maybe the
prosecutors didn’t consider that rap music and the videos that come with it are a form of art that
deserves to have some degree of protection under the law?
enhancement charges and sentenced to the mandatory 30 to life. Was this an unfair violation of
his first amendment rights, or were police right to see his song “No Air” and its video as a threat?
And could the guns truly not be his, and just used as props for effect in his video. Maybe the
prosecutors didn’t consider that rap music and the videos that come with it are a form of art that
deserves to have some degree of protection under the law?
I think that many other rappers do music videos very similar to this rapper so he's not the only one who has had guns in music videos. I think the police are just taking it a little too far by saying that they find it as a threat when in reality a lot of rappers do these type of music to sell and make money off of it not so much because he is trying to threaten someone. I think that there are other people that are committing bigger crimes and yet they get less time in prison. So yes I believe this was very unfair violation of his first amendment rights and although it could be true that those guns in his music videos aren't his, and he could be using it as just props every music video should deserve to have some degree of protection under the law.
ReplyDeleteI agree with Melissa, it seems as though violence and illegal activity among rap artists is extremely common. However we must ask, whether or not we want to make this the norm. This could be the Justice system showing a message to other rap artists that it is not acceptable to promote illegal activity through music. From a legal aspect, one must wonder whether this ruling was justifiable. It seems as though he was a victim of timing. I personally don't think that he shouldve been sentensed to 30 years. The three strike rule seems to be outdated and unfair.
ReplyDeleteAnyone remember Bobby Schmurda who basically snitched on himself and his gang with the viral song "Hot N****". Rap lyrics are not all real but I do think that guns should not be used as props for music videos unless it is a legally registered firearm from a normal person not a convicted felon like Lizk. I will agree though I think 30 years to life is insane for this. Also I do not know if the guns were his. Which should been emphasized in court. I disagree with 3 strikes. There should be reform on people on "probation".
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