Drake has formally appealed the dismissal of his high-profile defamation lawsuit over Kendrick Lamar’s 2024 diss track Not Like Us, reigniting one of the most controversial legal disputes in recent music history.
The appeal was filed on January 21 in the U.S. Court of Appeals for the Second Circuit, following a federal judge’s October ruling that threw out Drake’s original case against his own label, Universal Music Group (UMG). The lower court had determined that Lamar’s lyrics were “non-actionable opinion” in the context of a rap battle and therefore could not constitute defamation.
Drake’s legal team sharply disputes that conclusion. In a 117-page appellate brief, they argue that the song’s lyrics — which include allegations that Drake engaged in heinous behavior — were presented by Lamar and UMG as “unambiguous matter[s] of fact,” not mere artistic expression. They contend that UMG “relentlessly marketed” the track, misleading listeners worldwide and causing real reputational and personal harm to the artist.
The appeal also warns that the district court’s ruling could set a “dangerous categorical rule” shielding rap diss tracks from future defamation claims regardless of how harmful their content might be — a concern that legal analysts say could have broader implications for free speech and artistic expression in hip-hop culture.
UMG has previously defended the dismissal, saying the suit was “an affront to all artists and their creative expression” and arguing that diss tracks have long been understood as hyperbolic and rhetorical rather than literal statements.
The case has attracted widespread attention across the music industry, with both sides now waiting for the appeals court to decide whether Drake’s claims should be reinstated and potentially brought to trial.