Diss Tracks and Defamation: Should the Law Keep Up with Rap Beefs?
The legal battle between Drake and Kendrick Lamar over Not Like Us has escalated beyond a simple rap feud, igniting broader discussions about the boundaries of artistic expression, defamation, and corporate responsibility.[1] Drake has already sued Universal Music Group (UMG) over the song, claiming it contains false and defamatory allegations that have harmed his reputation.[2] But with Lamar’s Super Bowl LIX Halftime Show performance amplifying the song’s reach to 133.5 million viewers[3], some are questioning whether Drake could—or should—take legal action against Lamar himself.[4]
At its core, this dispute raises a fundamental legal question: when does music—especially in the context of high-profile, global performances—cross from protected free speech into reputational harm that deserves legal intervention?[5] And if legal action isn’t the answer, should the law impose stronger accountability on labels and broadcasters that profit from spreading potentially defamatory content?[6]
Drake’s lawsuit against UMG argues that the label knowingly profited from defamatory material in Not Like Us, prioritizing controversy and profit over his right to protect his reputation.[7] Legal experts are skeptical that the lawsuit against UMG will hold up in court.[8] Samantha Barbas, a legal historian specializing in defamation, commented: “I don’t think the case is strong at all.”[9] Rap battles and diss tracks have historically been protected under the First Amendment, as courts recognize the genre’s use of metaphor, exaggeration, and artistic hyperbole.[10] For example, in Bailey v. Mathers, a court ruled in favor of Eminem when his former classmate sued him for defamation over lyrics in Brain Damage, finding that the song’s depiction was clearly hyperbolic and part of artistic expression.[11] The judge even delivered the ruling in the form of a rap[12], emphasizing the genre’s reliance on figurative language and artistic storytelling as protected speech. Even if a diss track implies something damaging, proving that listeners took it as a factual statement rather than an artistic expression is a difficult legal hurdle.[13]
Attorney Ben Michael argues that since Lamar previously performed Not Like Us to large audiences without legal action from Drake, the Super Bowl alone wouldn’t change the legal dynamics.[14] Michael notes, “I don’t see why Lamar performing this song at the Super Bowl would suddenly cause Drake to pursue legal action against him specifically.”[15] However, the Super Bowl Halftime Show is not just another performance—it’s a global event with corporate sponsors, league approvals, and billions in ad revenue attached to it.[16] While the First Amendment protects artistic expression, global broadcasts with corporate backing introduce a new layer of responsibility.[17] In this case, neither Kendrick Lamar nor the NFL are facing legal consequences for distributing a song that Drake claims contain defamatory statements—yet they both benefited from its reach[18]. This highlights a gap in the law when it comes to mass distribution of controversial content.
Drake’s lawsuit against UMG suggests that labels should bear more legal responsibility for defamatory content in the music they distribute.[19] Currently, labels can profit off controversial or even false claims in music without facing direct liability due to the assumption it’s creative and not factual[20]. A more structured legal framework could require labels to conduct defamation reviews before releasing high-risk content, similar to how lawyers vet books for libel.[21] This would not censor music but rather hold corporations accountable when they profit from potentially damaging content.[22]
Even if a diss track is protected speech in its original form, what happens when that track is performed on the biggest stage in the world, backed by billion-dollar corporations? In traditional defamation law, context matters—statements made on a global, highly-publicized platform may warrant stricter scrutiny.[23] Courts should consider whether mass-distributed performances (like the Super Bowl) deserve a different legal standard when the potential reputational harm is exponentially greater than a song released on streaming platforms.[24]
Drake may never win a lawsuit against Kendrick Lamar for his Super Bowl performance, but the legal debates this case sparks are crucial for the future of music, media, and defamation law.[25] As music feuds become more commercialized, more legally complex, and more visible on global stages, the industry must address the tension between free speech and reputational harm.[26] If the law doesn’t evolve, future feuds could lead to even greater legal battles or harm the fundamental nature of rap culture.[27] At the very least, this moment should force record labels, legal experts, and courts to reexamine how music law balances creativity, accountability, and corporate responsibility. This isn’t just about rap—it’s about setting legal boundaries in an era where music, mass media, and free speech are more intertwined than ever.
Daniella Auerbach is a Second Year Law Student at the Benjamin N. Cardozo
School of Law and a Staff Editor at the Cardozo Arts & Entertainment Law Journal. Daniella
is interested in entertainment, sports, and corporate law.
[1] Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, Justin For Justice https://justinforjustice.com/kendrick-lamar-v-drake-legal-fallout-from-the-rap-feud/ [https://perma.cc/3BVV-YYLF].
[2] Minyvonne Burke and Sophia Pargas, Drake files federal lawsuit accusing UMG of defamation over promotion of Kendrick Lamar’s ‘Not Like Us’, NBC News (Jan. 15, 2025 4:10 PM), https://www.nbcnews.com/news/us-news/drake-files-federal-lawsuit-umg-defamation-promotion-kendrick-lamars-n-rcna187790# [https://perma.cc/JC35-ESEW].
[3] Heran Mamo, Kendrick Lamar’s 2025 Super Bowl Halftime Show Is Now the Most-Watched of All Time, Billboard (Feb. 11, 2025) https://www.billboard.com/music/rb-hip-hop/kendrick-lamar-2025-super-bowl-halftime-show-most-watched-all-time-1235899552/.
[4] Taylor Burnham, Should Drake Sue Kendrick Lamar Over His Super Bowl Performance?, Burnham Law Firm (Feb. 12, 2025) https://www.taylorburnham.com/post/should-drake-sue-kendrick-lamar-over-his-super-bowl-performance [https://perma.cc/4BUQ-2TQ7].
[5] See generally, Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, supra note 1.
[6] See generally, Pitcoff Law Group (@pitcofflawgroup), Instagram https://www.instagram.com/pitcofflawgroup/reel/DFvapMlsh8Y/ [https://perma.cc/9CUG-NNEH] (last visited Feb. 19, 2025).
[7] Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, supra note 1.
[8] Bill Donahue, With Drake Lawsuit Looming, Can Kendrick Lamar Play ‘Not Like Us’ at the Super Bowl?, Billboard Canada (Feb. 5, 2025) https://ca.billboard.com/business/legal/with-drake-lawsuit-looming-can-kendrick-lamar-play-not-like-us-at-the-super-bowl#:~:text=He%20shouldn’t%2C%20legal%20experts,of%20Iowa’s%20College%20of%20Law. [https://perma.cc/QD42-FR6R].
[9] Id.
[10] Linox Payne, Diss Tracks & Defamation: Why Drake’s Lawsuit Misses The Beat, Medium (Jan. 19, 2025), https://medium.com/@brklynbomber/diss-tracks-defamation-why-drakes-lawsuit-misses-the-beat-213ae3245dee [https://perma.cc/2YYA-WL4D].
[11] Eminem Beats Back In Bully Lawsuit, CBS News (Apr. 15, 2005), https://www.cbsnews.com/news/eminem-beats-back-in-bully-lawsuit/ [https://perma.cc/FHL8-Z44Q].
[12] Id.
[13] Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, supra note 1.
[14] Tom Earnshaw, Legal expert explains if Drake can sue Kendrick Lamar after controversial ‘a minor’ diss track was rapped in Super Bowl halftime show, Lad Bible (Feb. 10, 2025) https://www.ladbible.com/entertainment/music/kendrick-lamar-drake-super-bowl-halftime-show-defamation-874797-20250210 [https://perma.cc/2PY3-ARCF].
[15] Id.
[16] See generally, What is the economic and advertising impact of the Super Bowl?, Do Better by Esade (Feb. 10, 2025), https://dobetter.esade.edu/en/super-bowl-economic-impact#:~:text=Among%20the%20world’s%20major%20events,tourism%20industries%2C%22%20asserts%20López. [https://perma.cc/QWK4-9ZMU].
[17] See generally, Clayton Edwards, Will Kendrick Lamar Face Censorship While Performing “Not Like Us” During the Super Bowl Halftime Show?, American Songwriter (Feb. 7, 2025) https://americansongwriter.com/will-kendrick-lamar-face-censorship-while-performing-not-like-us-super-bowl-halftime-show/.
[18] Kendrick Lamar’s 2025 Super Bowl Halftime Show Is Now the Most-Watched of All Time, supra note 3.
[19] Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, supra note 1.
[20] Nadira Goffe, Does Drake’s Lawsuit Over Kendrick Lamar’s Diss Track Stand a Chance? A Lawyer Explains, Slate (Feb. 7, 2025), https://slate.com/culture/2025/02/kendrick-lamar-drake-beef-feud-not-like-us-lawsuit-umg-super-bowl-grammys.html [https://perma.cc/E3WJ-YUZY].
[21] Max Knight, Pre-publication Legal Review Of Manuscripts — Six Things To Consider, Sidebar Saturdays (March 16, 2019), https://www.sidebarsaturdays.com/2019/03/16/pre-publication-legal-review-of-manuscripts-six-things-to-consider/ [https://perma.cc/S8XK-WD6T].
[22] See generally, Kendrick Lamar V Drake: Legal Fallout From The Rap Feud, supra note 1.
[23] See generally, Social Slooth, LinkedIn https://www.linkedin.com/pulse/super-bowl-lix-halftime-show-sparks-defamation-debate-should-nchyc/ [https://perma.cc/5CT2-VF7J] (last visited Feb. 19, 2025).
[24] Id.
[25] Angel Diaz, Drake’s Latest Lawsuit Isn’t Hip-Hop, Billboard (Jan. 16, 2025), https://www.billboard.com/music/rb-hip-hop/drake-lawsuit-kendrick-lamar-hip-hop-beef-not-like-us-1235876761/.
[26] The Fine Line Between Art and Defamation, Shakespeare Martineau (Feb. 17, 2025), https://www.shma.co.uk/our-thoughts/the-fine-line-between-art-and-defamation/?utm.
[27] See generally, Alexis Petridis, Drake’s lawsuit against Kendrick Lamar also puts artistic freedom on trial, The Guardian (Jan. 17, 2025). https://www.theguardian.com/music/2025/jan/17/drake-lawsuit-against-kendrick-lamar-also-puts-artistic-freedom-on-trial [https://perma.cc/6YBJ-P7PM] (“If Drake’s suit is successful, it throws a hand grenade into a whole area of rap culture. Even if you think the said area could do with cooling down a few degrees, the notion of using the courts to do it is a deeply peculiar one at best; the idea that rappers making diss tracks will be forced to mind their manners or face legal consequences feels somehow antithetical to the whole business, and you could easily depict it as a form of censorship.”).
