Three months after a federal judge dismissed Drake’s defamation lawsuit against Universal Music Group, the superstar rapper and his lawyers filed an opening appellate brief Wednesday that seeks to overturn the ruling and revive his bid for damages over Kendrick Lamar’s Grammy-winning diss track, “Not Like Us.”
In the new 60-page brief obtained by Rolling Stone, Drake argues that Lamar’s track states, as an “unambiguous matter of fact,” that he is a “certified pedophile.” He also claims Universal Music Group “relentlessly” marketed the song in a way that misled consumers and caused him serious harm. The brief contends that the allegation carries a “precise” and readily understood meaning that is “capable of being proven true or false,” a point the district court previously acknowledged, according to the filing.
Drake also claims that the dismissal of his lawsuit could have far-reaching consequences. By ruling that rap diss tracks are non-actionable opinion, the lower court created a “dangerous categorical rule” that would shield artists and labels from defamation liability regardless of how direct or damaging a statement might be, he argues. “The court effectively created an unprecedented and overbroad categorical rule that statements in rap diss tracks can never constitute statements of fact,” his brief claims.
Drake previously filed his notice of appeal on Nov. 12 in the U.S. Court of Appeals for the Second Circuit in Manhattan, signaling he would challenge the Oct. 9 decision by U.S. District Court Judge Jeannette A. Vargas. In her ruling, Judge Vargas concluded that Lamar’s lyrics accusing Drake of pedophilia were “nonactionable opinion” rather than statements of fact.
“The issue in this case is whether ‘Not Like Us’ can reasonably be understood to convey as a factual matter that Drake is a pedophile or that he has engaged in sexual relations with minors,” Judge Vargas wrote. “In light of the overall context in which the statements in the recording were made, the court holds that it cannot.”
She said the “broader context” of the song was “a heated rap battle, with incendiary language and offensive accusations hurled by both participants,” adding that it “would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts.”
But in his Wednesday filing, Drake says the song’s repeated references to pedophilia, combined with its “ubiquitous cover art,” and subsequently released viral video, plausibly convey a false statement of fact that should be decided by a jury. Drake’s appeal asks the court to send the case back, insisting that his claim he was defamed by “Not Like Us” is a question to be decided at trial, not in a motion to dismiss.
Drake, whose legal name is Aubrey Drake Graham, sued UMG last January, accusing the label of promoting Lamar’s hit song in a way that “intended to convey the specific, unmistakable, and false factual allegation that Drake is a criminal pedophile.” He notably sued only the record label he shares with Lamar, not Lamar himself.
UMG responded with a scathing motion to dismiss that ultimately prevailed. “Plaintiff, one of the most successful recording artists of all time, lost a rap battle that he provoked and in which he willingly participated,” lawyers for UMG wrote. “Instead of accepting the loss like the unbothered rap artist he often claims to be, he has sued his own record label in a misguided attempt to salve his wounds.”
A spokesman for UMG did not immediately respond to a request for comment on Drake’s opening appellate brief. UMG’s response brief is due March 27.
The nine-track rap battle at the center of the legal war started making headlines in April 2024. It exploded when Drake released “Family Matters” on May 3, 2024. The song insinuated that Lamar had cheated on his fiancée and was physically violent with her. Lamar responded with the back-to-back drops of “Meet the Grahams” and “Not Like Us,” with the latter’s hook of “certified lover boy, certified pedophile” becoming an instant and viral sensation.
“Not Like Us” went on to win Grammy Awards for record and song of the year last February. Lamar also performed the song during last year’s Super Bowl halftime show.
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