Drake is appealing a federal judge’s decision on the “Not Like Us” ruling, claiming that it created a “dangerous categorical rule.”
According to a briefing to the lower court obtained by Rolling Stone, the Toronto rapper calls the judge’s ruling an “unprecedented” and “categorical rule” that says “statements in rap diss tracks” don’t have to be “statements of fact.” He also claims that Universal Music Group’s persistent marketing of the song “misled consumers.” Per the brief, Drake claims the lyric about being labeled a “certified pedophile” carries heavy implications.
The brief also noted that the court acknowledged the statement could be “capable of being proven true or false,” yet the ruling still ended up being dismissed.
Drake’s Filing Labeled ‘non-actionable opinion’
Back in November, Drake filed his notice of appeal to the U.S. Court of Appeals to challenge Judge Jeannette A. Vargas ‘decision that Kendrick Lamar’s lyrics were a “non-actionable opinion” and not a statement of fact.”The issue in this case is whether ‘Not Like Us’ can reasonably be understood to convey as a factual matter that Drake is a pedophile or that he has engaged in sexual relations with minors,” Judge Vargas wrote. “In light of the overall context in which the statements in the recording were made, the court holds that it cannot.”
Vargas noted that in a “broader context,” back and forth with Lamar and Drake of the song was “a heated rap battle, with incendiary language and offensive accusations hurled by both participants.” She added, “[The song] would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts.”
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