Mike Florio ,
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The NFL has one less thing to worry about.
Not that the league had any potential liability arising from Kendrick Lamar’s performance during the Super Bowl halftime show of “Not Like Us,” with lyrics that dub Lamar’s rival, Drake, as a “certified pedophile.” But the NFL won’t have to spend any time, effort, or money preparing and presenting witnesses during discovery or at trial.
Via Bill Donahue of Billboard.com, a judge dismissed Drake’s lawsuit against Universal Music Group for defamation. Judge Jeannette Vargas issued the ruling that the lyrics reflect the “hyperbole.”
“Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about plaintiff,” Judge Vargas wrote.
Drake will appeal the dismissal of the case. For now, though, the NFL won’t be dragged into the middle of the fight.
During the discovery process, Drake would have (and still could, if the appeal is successful) questioned NFL witnesses involved in the decision to revise the lyrics of the song for the halftime show, which omitted the word that triggered the lawsuit. The argument would be that the league’s decision to scrub the lyrics proves the impropriety of the use of the phrase.
For now, the case is over. The “heated rap battle” inevitably will continue.
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