Limitation on admissibility of defendant’s creative or artistic expression

(a) In general Article IV of the Federal Rules of Evidence is amended by adding at the end the following: Rule 416. Limitation on admissibility of defendant’s creative or artistic expression. (a) Creative and artistic expressions inadmissible Except as provided in subsection (b), evidence of a defendant's creative or artistic expression, whether original or derivative, is not admissible against such defendant. (b) Exception A court may admit evidence described in subsection (a) if the Government, in a hearing conducted outside the hearing of the jury, proves by clear and convincing evidence— (1) (A) if the expression is original, that defendant intended a literal meaning, rather than figurative or fictional meaning; or (B) if the expression is derivative, that the defendant intended to adopt the literal meaning of the expression as the defendant's own thought or statement; (2) (A) in a criminal case, that the creative expression refers to the specific facts of the crime alleged; or (B) in a civil case, that the creative expression refers to the specific facts alleged in the complaint; (3) that the expression is relevant to an issue of fact that is disputed; and (4) that the expression has distinct probative value not provided by other admissible evidence. (c) Ruling on the record In any hearing under subsection (b), the court shall make its ruling on the record, and shall include its findings of fact essential to its ruling. (d) Redaction and limiting instructions If the court admits any evidence described in subsection (a) pursuant to the exception under subsection (b), the court shall— (1) ensure that the expression is redacted in a manner to limit the evidence presented to the jury to that which is specifically excepted under subsection (b); and (2) provide appropriate limiting instructions to the jury. (e) Definition In this section, the term creative or artistic expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements or symbols, including music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.. (b) Clerical amendment The table of contents for the Federal Rules of Evidence is amended by inserting after the item relating to rule 415 the following: 416. Limitation on admissibility of defendant’s creative or artistic expression..