Can Drake Sue Kendrick for That Super Bowl Performance?

Wait, What’s Happening? 

So, there’s quite a history behind this one. If you look up an explanation on YouTube, you’ll see that most videos explaining the drama are well over 20 minutes long—so whatever’s going on with them, it’s a lot to explain. Thankfully, you don’t really need to know everything that happened between them. All you need to know is that Kendrick Lamar more or less called Drake a pedophile in a popular “diss track” called, Not Like Us. This isn’t Kendrick Lamar’s only diss track that he released against Drake, last year, Euphoria was also released to diss Drake. In Not Like Us, Kendrick Lamar accuses Drake of being a pedophile, which is by far the most serious allegation made within the diss tracks. The allegation may stem from a lot of places but, most likely, it stems from concert footage of Drake kissing a 17-year-old fan in 2010, and his friendship with Mille Bobby Brown—who was, at the time, around 14 when Drake would have been in his early 30s. 

What Is Defamation? 

Defamation occurs when one person knowingly says something untrue or says something with reckless disregard for the truth and the defamatory statements cause the victim to sustain damages. So, for example, when Alex Jones said that the Sandy Hook shooting was fake, he could have genuinely believed it at the time. However, he acted with reckless disregard for the truth, which caused the families of the victims to sustain both economic and non-economic damages (some of them struggled to find employment due to Jones’s claims, others had to move due to death threats from Jones’s fans, etc.). But you can’t sue any time someone says something untrue about you. For example, let’s say Susan from church told everyone that you use miracle whip instead of Helman’s Real Mayonnaise when she knows that you do use Helmann’s Real Mayonnaise. While you may suffer having leftovers to bring home from the church potluck, you haven’t suffered any real economic damages. Typically, in order to have a good defamation case, there needs to be substantial evidence that a person said something untrue (or with reckless disregard to the truth) and that you have some pretty serious economic damages (like loss of employment, financial distress, etc.) as a result of the defamatory speech.  

Don’t We Have Free Speech? 

Freedom of speech does not mean freedom from consequences of your speech. If you tell everyone that your ex-boyfriend (when you know it’s not true) is a child molester so that you gain full custody of the children, that could be defamation. Especially if he has to spend a lot of money in court to clear his name, or if he loses his job and can’t find another one due to your claims. You could also be liable to compensate your theoretical ex for non-economic damages. For example, if his new girlfriend finds out about the claim and then leaves him, or his friends no longer want to associate with him, he may be entitled to compensation for the loss of those relationships as well. We do have free speech, but that doesn’t mean that you can scream, “I have a bomb” while you’re on an airplane, or damage someone’s reputation in order to financially hurt them.

Does That Mean He Can Sue? 

Can Drake sue Kendrick Lamar for Not Like Us and Euphoria? Well, maybe. Euphoria doesn’t appear to make any bold claims that are defamatory, but Not Like Us unapologetically calls Drake a pedophile. If Drake can prove that these claims have caused him to sustain economic damages, he may be successful in this lawsuit. But there’s something else to be considered here: both Drake and Kendrick Lamar are so wealthy, that whatever settlement they ultimately agree on (or in the unlikely event this actually goes to trial) neither party will be substantially affected by the result. This is not typically the case in defamation trials, as most of the people involved in your average defamation trial have been financially affected in a substantial manner. Any lawsuit between Drake and Kendrick Lamar would likely be more about clearing Drake’s name than getting compensation. Furthermore, if Drake really is a predator and victims begin to come forward, that could damage Drake’s claim as truth is a defense against defamation. 

Why Universal Music Group? 

So, there is a lawsuit going on between Drake…and Universal Music Group—but so far, he hasn’t tried to sue Kendrick Lamar personally—why not? Universal Music Group may have some liability here: after all, they are responsible for the content of music they produce and, if they produce music that is defamatory, they may be liable for the damages it causes. Drake’s lawsuit against UMG alleges that UMG intentionally and knowingly published a song that would damage Drake’s career. One thing that Lamar and UMG have going for them as a defense would be that no reasonable person would take a diss track seriously. For example, when talk-show host Tucker Carlson was in a legal battle over defamation, a court actually ruled in his favor because no reasonable person would believe everything s/he saw on his show. But Drake may be targeting UMG due to their wealth and their ability to pull the song off of platforms such as YouTube or Apple Music. 

The Lawyer’s Opinion 

The question you’ve all been asking: will Drake be successful? While it’s difficult to foresee anything for certain, Drake has an uphill battle in the lawsuit already. For starters, he’s a public figure, which means that the burden of proof is much higher; he’d have to prove actual malice, meaning he’d have to prove that UMG did this knowing that Drake wasn’t a pedophile and with the intention to damage his reputation. Drake would also struggle as the song is considered to be “an artistic expression” which has additional protections.  

They Not Like Us 

The other competitors aren’t like us: at Moxie Law Group, we’re in a class of our own. Our firm is dedicated to providing every client who walks through our doors with the hands-on attention their case deserves. If you’ve been injured, and you need a personal injury attorney, contact Moxie Law Group today to get your free consultation.