Four scholars have filed a an amicus brief in support of Universal Music Group's motion to dismiss Drake's defamation lawsuit. He's suing the company over Kendrick Lamar's "Not Like Us" diss track. The group warns that taking hip-hop lyrics at face value in court could have serious repercussions. Additionally, they could further fuel racial prejudice in the legal system.
They note that diss tracks have a long history of featuring exaggerated artistic expression and people shouldn't take them at face value legally. “Drake’s defamation claim rests on the assumption that every word of ‘Not Like Us’ should be taken literally, as a factual representation,” the scholars wrote, as caught by AllHipHop. “This assumption is not just faulty—it is dangerous.”
“They are hyperbolic forms of creative expression consistent with the unique artistic practices and normative conventions of the genre,” the group further explained. “Rap diss tracks are understood by audiences not to represent factual assertions about the opposing artist, but rather to demonstrate skill and dominance meant to build allegiance and win competitions through clever wordplay, hyperbole, bluster, and demonstrations of disrespect.”
They also argued that the situation could harm free speech protections. “When rap lyrics are admitted, it is because they are treated as literal. This in turn opens the door to racial bias and stereotypes into the courtroom, as empirical studies have demonstrated,” they wrote. “Treating rap lyrics as literal also threatens First Amendment speech protections, and the practice already has created a demonstrable chilling effect across the industry.”
Why Is Drake Suing UMG?
Drake originally filed his defamation lawsuit against UMG in January, ahead of Kendrick Lamar's performance at Super Bowl LIX. He accused the company of artificially boosting the popularity of the song in an effort to devalue his brand. He noted that the song contains lyrics accusing him of allegedly being a pedophile.
"Certified Lover Boy? Certified pedophiles," Lamar infamously raps on the track. UMG has repeatedly denied the allegations, labeling the lyrics “nonactionable opinion and rhetorical hyperbole.”
