Can You Sue Someone for Lying About You Online in Nebraska? (And What Drake’s Defamation Case Teaches Us)
When Drake’s defamation lawsuit over Kendrick Lamar’s diss track Not Like Us was dismissed, the court said listeners wouldn’t take the accusations literally. That ruling shows how hard it is to win a defamation case—even for a celebrity. But what if the person spreading lies about you isn’t a rapper, it’s your ex, a co-parent, or a family member posting online? This post explains what counts as defamation under Nebraska law, when insults cross the line into legal liability, and what you can do if false accusations are harming your reputation or custody case.
What Happened in Drake’s Case—and Why It Matters to You
Drake’s team sued Universal Music Group, claiming the company promoted false statements in Not Like Us that accused him of criminal conduct. The court dismissed the case, finding the lyrics were “rhetorical hyperbole” in the context of a rap feud—not factual accusations. The judge applied what’s known as the reasonable listener standard, which asks whether an average person would interpret the words as literal truth.
That same idea applies far beyond celebrity feuds. When someone insults or lies about you online, Nebraska courts also look at context: Was it a statement of opinion or a false statement of fact? Was it made publicly? Did it cause reputational harm? And if the speaker knew it was false—or didn’t care whether it was true—that could meet the legal definition of actual malice, which is required for public figures and sometimes considered when false statements cause serious harm.
Defamation in Nebraska: The Basics
Under Nebraska law, a statement is defamatory if it:
Is false and provably factual (not opinion or exaggeration);
Is published or communicated to a third party;
Identifies the person it’s about; and
Causes reputational harm.
(See Moats v. Republican Party of Neb., 281 Neb. 411 (2011)).
Public figures like Drake must also prove actual malice, meaning the person knew the statement was false or acted with reckless disregard for the truth. For private individuals, negligence is usually enough—but the standard remains high.
Casual insults (“deadbeat,” “crazy,” “liar”) rarely meet this bar. False accusations of crimes, abuse, or professional misconduct, however, can. Nebraska courts emphasize the difference between fact and opinion—and only the former can be defamatory (Turner v. Welliver, 226 Neb. 275 (1987)).
When Defamation Shows Up in Family Law
In divorce and custody cases, emotions run high—and sometimes one parent spreads false claims that the other is abusive, neglectful, or unstable. Nebraska courts take those statements seriously, especially when they harm a child’s relationship with a parent.
That said, there are limits:
Statements made in court filings or hearings are usually protected by absolute privilege and can’t be the basis of a defamation suit.
Social media posts, text messages, or public accusations, however, are not privileged. If someone publicly claims you committed a crime or endangered your child—and it’s false—you may have a valid claim or at least a strong evidentiary issue in your custody case.
Private disagreements or name-calling rarely rise to defamation unless they involve provably false statements made to others.
Understanding “Actual Malice” in Defamation Cases
Because many family conflicts spill onto social media, it’s worth understanding actual malice. It doesn’t mean anger or ill will—it means the person either knew the statement was false or recklessly disregarded whether it was true. In plain terms, they didn’t just get it wrong; they didn’t care about the truth.
Proving this is challenging. It requires evidence like screenshots, messages, or witness testimony showing the speaker’s intent or disregard for accuracy.
What to Do if Someone Lies About You Online
If false claims are harming your reputation or co-parenting relationship, here are some practical steps:
Preserve the evidence. Screenshot the posts, note timestamps, and copy URLs before anything is deleted.
Avoid public arguments. Responding online can escalate the situation and weaken your position later.
Contact a Nebraska defamation attorney. A lawyer can help you determine if the statements meet the legal standard for defamation and whether a protection order, cease-and-desist letter, or other legal remedy is best.
Consider your goals. Sometimes the best use of evidence is within your existing family law case—not a separate lawsuit.
Act quickly. Nebraska’s statute of limitations for defamation is only one year (Neb. Rev. Stat. § 25-208).
FAQ: Defamation and Family Law in Nebraska
Q: What’s the difference between defamation and opinion?
A: Opinions—even harsh ones—aren’t defamation. Saying “he’s a bad parent” is opinion; saying “he abuses his kids” (if false) is defamation because it’s a factual accusation.
Q: Can Facebook or TikTok posts count as defamation?
A: Yes. If the post contains a false factual statement about you, others see it, and it causes reputational harm, it can qualify as publication under Nebraska law.
Q: Are statements in court filings protected?
A: Yes. Nebraska recognizes absolute privilege for statements made during judicial proceedings. You can’t sue for defamation over court pleadings, though they can affect credibility in your case.
Q: Can defamation affect custody or parenting time?
A: Absolutely. Judges weigh each parent’s honesty and co-parenting behavior when determining what’s in a child’s best interests under Neb. Rev. Stat. § 42-364. False accusations can undermine the accusing parent’s credibility.
Q: How do I prove defamation in Nebraska?
A: You must show the statement was false, published to someone else, caused harm, and wasn’t protected opinion or privilege. Screenshots, witness testimony, and timing all help.
The Takeaway
Drake’s defamation appeal shows how difficult it can be to prove a lie caused legal harm. The same principle applies here in Nebraska: context, truth, and intent matter. Nebraska law protects free expression—but when false accusations damage reputations, families, or custody rights, you have options.