AceShowbiz - Drake is facing a significant setback in his ongoing defamation lawsuit related to Kendrick Lamar's track "Not Like Us," as top legal scholars from Yale Law School have submitted a brief supporting Universal Music Group (UMG) in the Second Circuit Court of Appeals.

The filing from the Floyd Abrams Institute for Freedom of Expression at Yale Law School presents a compelling consent defense that could severely damage Drake's appeal. The brief highlights that Drake himself invited Kendrick Lamar to respond with a diss track, making it difficult for him to claim defamation now.

Specifically, in Drake's "Taylor Made Freestyle" from April 2024, he explicitly encouraged Kendrick Lamar to "talk about him likin' young girls." When Kendrick released "Not Like Us" shortly afterward, Drake acknowledged the lyrics in his later song "The Heart Part 6," referencing the "Epstein angle" as something he expected. The brief equates this to a boxer daring an opponent to fight and then suing for injuries sustained—a clear example of consent, which is a complete legal defense under New York law.

In addition to Yale’s brief, a second amicus brief was submitted by social scientists and legal experts from Howard University, Tulane, and Virginia Tech. This brief emphasizes that diss tracks in rap should be viewed as artistic expression rather than literal factual claims.

The scholars note that Drake has previously supported efforts to protect rap lyrics as art, criticizing prosecutors for treating lyrics as direct confessions. Yet, in pursuing this defamation claim, he is contradicting his own stance, revealing a striking inconsistency. Research cited in the brief shows that rap lyrics are often interpreted more literally and as threatening compared to other genres, which can introduce racial bias in legal proceedings.

Supporting these arguments, Judge Jeannette Vargas ruled in October 2025 that a reasonable listener would perceive diss track lyrics as hyperbolic and artistic wordplay, not factual accusations of criminal behavior. This ruling further weakens Drake's position on appeal.

UMG’s response brief also criticized Drake for what it called "astoundingly hypocritical" arguments. The label pointed out that Drake previously used UMG’s platform to launch similarly harsh attacks against Kendrick Lamar without issue, but now seeks different legal standards when the tables are turned.

As these legal briefs stack up, it appears Drake faces an increasingly uphill battle in his defamation lawsuit over Kendrick Lamar's "Not Like Us," making the outcome of this high-profile case uncertain.