"Defendant's Rap Video Describing Pimping Admissible in Prosecution for Sex Trafficking a Minor"

Eugene Volokh has this post at The Volokh Conspiracy. In part:

At times courts do refuse to allow such speech as evidence, especially when the speech is seen as having relatively little probative value. The reason isn't the First Amendment as such, but rather the rules of evidence, such as the rule that evidence should be excluded if its probative value is substantially outweighed by its tendency to create unfair prejudice against the defendant, or that "prior bad acts" evidence should usually be excluded if the jury is likely to use the evidence to infer a propensity for the crime (as opposed to showing a motive, intent, or other matters)—the very issue in this case.

. . . . So how should that evidentiary rule (the federal Rule 403) be applied here? It does seem to me that the first video has considerable probative value; and while it may be used to paint the defendant in a bad light, I don't think that's unfair prejudice. I'm also inclined to say that the other two videos would also be admissible, especially since Rule 403 asks whether the probative value is substantially outweighed by the tendency to create unfair prejudice.