Key Takeaways:
- The appeal argues that diss track lyrics can be defamatory if presented as fact.
- Drake’s legal team claims Universal Music Group promoted the track in a damaging way.
- The case could set a precedent for how rap lyrics are treated in court when reputations are on the line.
Drake is attempting to revive his defamation lawsuit over Kendrick Lamar’s “Not Like Us.” On Wednesday (Jan. 21) evening, he and his legal team submitted an opening appellate brief that accused Universal Music Group of “relentlessly” promoting the song in a way that damaged his public image.
According to Rolling Stone, the 60-page filing pushed back on District Judge Jeannette Vargas’ ruling that diss tracks in Hip Hop fall under “non-actionable opinion.” Drake's legal team argued it created a “dangerous categorical rule” that would effectively eliminate accountability for defamatory claims made in such songs altogether.
The brief read, “The court effectively created an unprecedented and overbroad categorical rule that statements in rap diss tracks can never constitute statements of fact.” Drake also claimed that the Grammy Award-winning record presents, as an “unambiguous matter of fact,” that he’s a “certified pedophile.”
Among the other points raised were the “ubiquitous cover art” for “Not Like Us,” which features Drake’s Toronto mansion. As a result, the OVO frontman contended that the case should be heard by a jury and is requesting it be sent back for trial rather than dismissed outright. UMG has until March 27 to submit their response brief.
Drake trying to overturn Judge Vargas’ decision shouldn’t come as much of a surprise. Last October, his attorneys “formally stated his intention to appeal” just weeks after the case was tossed. At the time, they told 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 original ruling, Judge Vargas described Drake and Lamar’s rap beef as “war of words” with offensive accusations made by both sides. She wrote, “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.”