Legal expert explains if Drake can sue Kendrick Lamar after controversial ‘a minor’ diss track was rapped in Super Bowl halftime show

Kendrick Lamar has sent the internet into a frenzy after performing his infamous Grammy award-winning 'Not Like Us' Drake diss track during his Super Bowl halftime show.

Fresh off of winning five Grammys for the song only one week ago, Kendrick teased the diss track multiple times during the performance which also featured none other than Samuel L Jackson.

Saving it until last, there was an audible roar from the 75,000 people present in the Caesars Superdome in New Orleans as he went through the brutal lines directed at his Canadian music rival.

One line was noticeably left out by Kendrick, who sang the lyric 'certified p**dophile' but dropped the second word, with it instead being sung by those present in the stadium. As for the rest, though, he didn't hold back saying Drake 'likes 'em young' and telling his romantic partners to 'hide their lil' sister'.

Kendrick also rapped the infamous 'a minor' line; an inference to the alleged young age of people that he says Drake likes. He says all this despite there being no evidence to suggest Drake is in any way shape or form a p**dophile.

So, what happens now? Can Drake sue Kendrick for defamation?

Drake is already suing for defamation via Universal Music Group, the music label to which both Drake and Kendrick are signed too.

The lawsuit says the song makes the 'false factual allegation that Drake is a criminal p**dophile, and to suggest that the public should resort to vigilante justice in response'.

LADbible spoke to Bill Ogden, a lawyer who famously won a $49,000,000 lawsuit against American far-right radio show host Alex Jones, over false claims Jones made relating to the tragic Sandy Hook Elementary School shooting.

On the Kendrick and Drake feud, and legal consequences, Ogden stressed how strong free speech rules are in the USA, with the burden of proof being very much with the person claiming defamation.

He said: "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'."

Kendrick Lamar during his performance (Emilee Chinn/Getty Images)

He added: "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."

Will he go after Kendrick directly after 'Not Like Us' was played at the Super Bowl to an audience of millions? Not in Ogden's book.

"In my opinion, Drake is going after the label because of how the public would perceive him losing a rap 'beef' than running to the courts complaining of how unfair it is that his feelings and image were hurt," Ogden believes.

"Second, Drake fully participated in the back and forth, alleging Kendrick committing domestic violence against a loved one."

Lamar brought SZA on stage as his only musical guest (Jamie Squire/Getty Images)

Not the first time

Ben Michael, an attorney at Michael & Associates Criminal Defense Attorneys in Austin, Texas, made the very clear point that Drake is unlikely to sue based on just the halftime show given how many times Kendrick has already performed it.

"When it comes to Kendrick Lamar specifically, I wouldn’t expect there to be any major or new legal consequences for performing ‘Not Like Us’ at the Super Bowl," Michael said.

"I don’t see why Lamar performing this song at the Super Bowl would suddenly cause Drake to pursue legal action against him specifically, when he has only so far pursued legal action against the record label.

"Though the Super Bowl is a major stage with a massive audience, Lamar has performed the song publicly to large crowds before."

Despite this, Gordon Hirsch, from Hirsch Law Group, said that there is a risk every time Kendrick performs the song.

"If Kendrick performs the song with the controversial lyrics, he risks legal action," he told LADbible.

"A lawsuit could lead to financial damages, and even if he ultimately wins, he would still have to spend time and money fighting the case. Given the stakes, Kendrick should think twice before performing these lyrics on one of the biggest stages in the world."

LADbible has contacted representatives for Drake for comment.