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Law

What the NFL and Fox Risked With Kendrick Lamar Performing ‘Not Like Us’

Drake has already filed a lawsuit against his and Lamar’s label over the song, and could sue the NFL and Fox for airing it to millions of viewers.

Mark J. Rebilas-Imagn Images

Kendrick Lamar’s “Not Like Us” was front and center at Super Bowl LIX—potentially opening the NFL and Fox up to legal action from the subject of his ultra-popular diss track: fellow rapper Drake.

Lamar looked clearly at the camera and rapped, “Say, Drake, I hear you like ‘em young,” and performed several other similar lines. Perhaps to skirt legal action, Lamar didn’t say the word “pedophile” in a line calling Drake a “certified pedophile,” but he did rap a different popular line alleging Drake was “tryna strike a cord and it’s probably A minor” (with the entire Superdome singing along).

The FCC forbids “obscene, indecent, and profane content,” which could be the reason behind the omission of “pedophile,” though it isn’t one of the agency’s seven forbidden words.

In January, Drake filed a lawsuit over the song in the Southern District of New York against Universal Music Group, for multiple allegations, including the song accusing him of being a pedophile. He is seeking nominal, punitive, and compensatory damages. UMG is also Drake’s label in addition to Lamar’s.

Lamar even hinted at the lawsuit during his halftime performance, saying, “I want to perform their favorite song, but you know they love to sue.” The beat of “Not Like Us” came in, and Lamar smiled and said, “Yeah, that song. Ah, maybe I’ll think about it.”

During the Grammy Awards, both the “certified pedophile” and “a minor” lines blasted through the speakers and were echoed by the audience. “Not Like Us” was nominated for five Grammy Awards and won them all: Song of the Year, Record of the Year, Best Rap Song, Best Rap Performance, and Best Music Video.

Drake hasn’t clearly threatened to sue the Grammys, NFL, or Fox, but when it comes to the audience of the two events, one dwarfs the other. The Grammy Awards are the biggest night in music, but the Super Bowl is unquestionably the biggest night in television. Last Sunday’s broadcast of the music awards only reached an average of 15.4 million viewers. For comparison, the 2024 Super Bowl set an all-time record of 123.7 million viewers.

SZA joined Lamar for performances of her collaborations with Lamar, including “All The Stars.” Samuel L. Jackson transitioned the performance between songs, and Serena Williams made a cameo dancing. The costumes were all themed red, white, and blue, and dancers formed an American flag during “HUMBLE.”

The patriotic theme was at play the same night that Donald Trump became the first sitting president to attend the Super Bowl. Lamar has previously called the president “a chump” in his music.

During Lamar’s performance of “tv off,” a person on the stage waved a Palestinian flag. The individual then jumped off the stage and ran around the field with the flag before eventually being tackled and carried away. The person ran around the field with the flag for about 25 seconds before they were apprehended.

Fox played the beat of “Not Like Us” in the weeks leading up to the game and during the first half. TMZ reported Wednesday that Lamar would be performing the track, and legal teams would need to decide if lyrics allegedly defaming Drake should be included.

The network is facing a sexual harassment lawsuit filed by a former hairstylist last month claiming mistreatment from several of Fox’s current and former employees, as well as one by former anchor Julie Stewart-Binks accusing exec Charlie Dixon of sexual assault. On Tuesday, Fox filed a request for the first lawsuit to be dismissed in its entirety, the same day defendants Skip Bayless and Joy Taylor denied the allegations in their own filings.

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