Can Drake actually sue Kendrick Lamar for his Super Bowl performance diss?

By Charlie Sawyer

Published Feb 12, 2025 at 12:49 PM

Reading time: 3 minutes

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Back in January 2025, certified loverboy Drake made the pretty bold decision to file a lawsuit against Universal Music Group (UMG) over its release of Kendrick Lamar’s iconic diss track ‘Not Like Us’ (aka the diss track of the century). The ‘In My Feelings’ artist cited defamation and harassment as his primary reasons for pursuing the lawsuit, with his legal team accusing the label of orchestrating a campaign to promote the song, which included fueling long-standing allegations that Drake is a criminal paedophile—rumours the rapper has been trying to dispel for years now.

Welcome back to Explained By a Blonde—we’re delving into some legal drama this week, girls. Everyone knows Drake is gunning to take UMG down, but after Lamar performed ‘Not Like Us’ at Super Bowl LIX on Sunday 9 February 2025, some netizens have been speculating over whether or not the rapper might also pursue an even more personal second lawsuit.

Spoiler alert, I’m here to inform you all that it ain’t gonna happen. Here’s why.

Does Drake have grounds to sue Kendrick Lamar for his Super Bowl performance?

The Kendrick Lamar and Drake feud has been going on for quite some time now, with both rappers repeatedly throwing pretty vile accusations at one another—either in their music or the public forum. 

One of the first smoking guns occurred in Drake’s track ‘Family Matters’ when he insinuated that Lamar was a perpetrator of domestic abuse. Almost immediately after this, Lamar retaliated with a scathing diss track with each verse addressed to a different member of Drake’s close family.

In ‘Meet The Grahams’ Lamar speculated that Drake had secretly fathered a second secret child and then in ‘Not Like Us’, the allegations regarding underage relationships cropped up. Safe to say, especially following the rapper’s 2025 Grammy wins, Lamar proved himself once again as one of the most influential hip-hop artists of this generation.

We all knew that Lamar was going to perform ‘Not Like Us’ at the Super Bowl, it was practically a given. But, was the inevitable going to then prompt further legal action from Drake? According to legal experts, the answer is nope.

Bill Ogden is a high-profile lawyer who played a massive role in the Sandy Hook defamation case in 2022. For any of you girlies who didn’t follow the case, it hinged on the actions of grade-A loser Alex Jones, a far-right extremist radio host who spread vicious lies about the 2012 Sandy Hook elementary school shooting.

Ogden, who helped secure a historic $1.5 billion defamation verdict for the victim’s families, spoke to LADbible about the Super Bowl and said this regarding Drake’s chances: “In the United States, most jurisdictions would permit anyone to file a defamation lawsuit against another. As long as defamation lawsuits have been around, so has the ultimate defense, ‘the truth’.”

“There have also been recent developments with Anti-Slapp defenses being afforded in different jurisdictions. An Anti-Slapp defense is when a lawsuit is filed against someone for the purpose of silencing a constitutionally protected right. The most common defense asserted in these types of defenses is someone’s first amendment right to speak freely without being censored,” Ogden continued.

The lawyer also emphasised how Drake’s chances will definitely remain higher if he focuses on going after the label and tries to prove how Lamar’s song directly impacted the public’s perception of him. If Drake can prove that ‘Not Like Us’ has impacted his finances in one way or another, that’ll increase his odds of a successful result. Although, if we’re being real, given the amount of back and forth there’s been between these two, I think this lawsuit says a lot more about the fragility of men’s egos than anything else.

So, there we have it. Neither rapper is going to back down anytime soon, and while I massively respect Lamar’s artistry and performance, I think both these boys need to now just focus their energy elsewhere.

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