Drake Claims Rap Lyrics May Still Be Considered Defamation In Appeal Of Dismissal Of ‘Not Like Us’ Lawsuit

Drake is seeking to reinstate his defamation lawsuit concerning Kendrick Lamar’s song “Not Like Us.” On January 21, he and his legal team filed an opening appellate brief alleging that Universal Music Group has aggressively promoted the song in a manner that has harmed his public reputation.

As reported by Rolling Stone, the 60-page brief contests District Judge Jeannette Vargas’ decision that songs in the Hip Hop genre, particularly diss tracks, are classified as “non-actionable opinion.” Drake’s legal representatives argued that this sets a “dangerous categorical rule” that could potentially remove accountability for defamatory statements made in such music.

The brief asserted, “The court effectively created an unprecedented and overbroad categorical rule that statements in rap diss tracks can never constitute statements of fact.” Drake also contended that the Grammy Award-winning song insinuates, as a “clear matter of fact,” that he is a “certified pedophile.”

Other points of contention included the prominent cover art for “Not Like Us,” which depicts Drake’s Toronto mansion. Consequently, Drake maintained that the matter should be decided by a jury and requested that it be returned for trial instead of being dismissed. Universal Music Group has until March 27 to provide their response brief.

Drake’s attempt to reverse Judge Vargas’ ruling is not unexpected. In October, his attorneys indicated their intention to appeal shortly after the case was dismissed. At that time, they informed Billboard, “This confirms our intent to appeal, and we look forward to the Court of Appeals reviewing that filing in the coming weeks.”

In her initial ruling, Judge Vargas characterized the conflict between Drake and Lamar as a “war of words” with mutually offensive allegations. She noted, “Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about plaintiff.”