Shelby Nathans
February 26, 2025

Drake, Kendrick Lamar, and the Lawsuit That Could Shape Free Speech

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People either loved it or hated it, but either way, Kendrick Lamar’s halftime show at Super Bowl LIX has been all over the news—mostly because of his ongoing beef with Drake. While I’m not usually one to weigh in on rap beefs, I haven’t been able to stop thinking about this one—for legal reasons.

The Lawsuit Behind the Rap Battle

Last month, Aubrey “Drake” Graham filed a lawsuit against the record label UMG Recordings, Inc. for, among other things, releasing Kendrick Lamar’s hit single Not Like Us. In case you’ve been living under a rock, this track accuses Drake of being a pedophile and sex trafficker.

Sure, this case is dominating the pop culture conversation right now, but its impact extends far beyond rap fans.

Understanding Defamation and Free Speech

At its core, defamation is the act of spreading false statements that damage another person’s reputation. There are two types:

  • Libel (written defamation)
  • Slander (spoken defamation)

The First Amendment protects free speech, including expressions of opinion—but not false statements of fact.

For public figures like celebrities and politicians, proving defamation is much harder. And generally, that’s a good thing for free speech rights. A statement about a public figure is not considered defamation if:

  • It’s true
  • It’s false, but the speaker genuinely believed it was true at the time
  • It’s clearly an opinion based on publicly available information the speaker believes to be true

Drake’s Claims: Harm to Reputation, Family, and Business

Drake’s lawsuit argues that the accusations in Not Like Us have caused him serious harm—reputational, physical, emotional, and financial. He claims that:

  • Social media and the public have amplified the allegations, putting his family at risk
  • The claims have led to lost business opportunities

To win the case, Drake must prove that UMG knowingly and recklessly spread false claims about him. Specifically, his lawsuit alleges that:

  • UMG released Not Like Us with actual malice
  • The label failed to investigate or corroborate Kendrick’s allegations
  • UMG knew or should have known the single would cause Drake significant harm, especially given its popularity on streaming platforms, social media, and now, the Super Bowl

Why This Case Matters

While the outcome remains uncertain, this case is significant. At its core, it tests the balance between free speech and defamation law—a crucial issue in an era where digital media spreads information (and misinformation) faster than ever.

Beyond defamation, this lawsuit raises important questions about corporate and ethical responsibility in the music industry. Should record labels be held accountable for the lyrics they distribute? Do they have a duty to fact-check incendiary claims before releasing music?

No matter how this lawsuit plays out, one thing is clear: it will shape conversations about First Amendment rights, defamation law, and artistic freedom for years to come. Someday, history books might teach defamation law through the lens of a rap battle—and honestly, I think that makes this case worth paying attention to.