Kanye West "Is Not Merely a Creator; He Is Art" (Say His Lawyers)

A perhaps somewhat over-the-top argument in a motion to dismiss an employment lawsuit (Doe v. Yeezy, LLC).

The motion itself may have merit as to some of its facets, and certainly raises some interesting legal issues; I look forward to seeing what the court makes of it. An excerpt:

5. Plaintiff Jane Doe, a self-proclaimed Hollywood publicist, aggressively sought to represent Ye, fully aware of his reputation as the world’s most provocative artist. Retained in late 2023 to promote Vultures Vol. 1, she publicly positioned herself as Ye’s media liaison. The irony is striking: the compensation she received—and now seeks to augment through this litigation—was generated exclusively by the controversial art she herself promoted. Having knowingly immersed herself in Ye’s unapologetically boundary-defying artistic environment, she now claims retroactive offense at performative expressions such as “I Am A NAZI” and “You Ugly as Fuck”—works that plainly reflect Ye’s artistic critique of censorship, identity, and beauty standards, and which were wholly consistent with his public artistry and presentation long before Plaintiff explicitly sought employment….

40. In January 2024, Ye texted Plaintiff, “I Am A NAZI,” in response to her unsolicited suggestion that he publicly condemn Nazism amid controversy over the Nazi-inspired cover art for Vultures Vol. 1. Plaintiff alleges this message constitutes antisemitic harassment and discrimination.

41. Vultures Vol. 1, which Plaintiff was hired to promote, featured aesthetic choices reminiscent of imagery related to Nazism, invoking debates about artistic expression, antisemitism, and censorship.

42. Ye’s oeuvre has long engaged with shocking imagery and taboo subjects to provoke dialogue, from religious iconography in Yeezus to racial discourse critiques throughout his musical collection. Courts consistently protect such expression, recognizing the societal value in challenging speech.

43. Moreover, Ye’s lyricism on Vultures 1 directly addresses accusations of antisemitism with biting irony, e.g., “How I’m antisemitic? I just fucked a Jewish bitch” in the song “Vultures,” illustrating Ye’s confrontation with cultural hypocrisy. The album’s rollout, including the cover art, cited lyrics, and Ye’s provocative public performances, formed an artistic-whole aimed at confronting selective censorship and public outrage. Plaintiff’s intervention by suggesting Ye disavow Nazism threatened to undermine this carefully curated performance art.

44. Ye’s brief, emphatic response—”I Am A NAZI”—acted as an artistic statement central to his project’s themes: forcing audiences to confront their assumptions, outrage, and complicity. Much like method actors fully inhabiting their characters in the movies or on stage, Ye’s persona for Vultures 1 was an immersive, controversial performance. This text must be recognized as protected artistic expression and Plaintiff’s claims based on it must be stricken….

45. Plaintiff next complains about a flyer Ye circulated for a music video casting call, which she characterizes as “pornographic” and “harassing.” The text message referenced was sent to a group chat titled “YE MUSIC MARKETING” and concerned publicizing an upcoming casting call.

46. The flyer is a work of art. The document background is a lightly toned canvas ideal for additional artwork and copy. An image is displayed on the upper half of the flyer. The image is neatly centered with complementary and consistent large margins. The image is a two-toned photograph of a person or mannequin in a squatted position, cropped such that mainly the subject’s torso is visible. The bright skin-colored tone of the subject is similar to the background tone of the flyer, while the dark-opposing-background-tone in the image complements the color of the copy on the bottom half of the flyer. Notable (depending on one’s temperament), is the fact that the subject is mostly nude and has uncommonly large and bulbous breasts. The subject’s belly is toned yet softly rounded, with a natural fullness that juxtaposes the ultra-lean silhouette of a typical high-fashion model. The race, ethnic background, and sex of the subject appear ambiguous.

47. The copy on the lower half of the flyer is neatly organized in three sections, centered and spaced consistently. The first line is an attention-grabbing headline relevant to the purpose of the flyer, stating: “GOT BIG TITTIES?” This copy directly relates to the image on the top half of the flyer, demonstrating a cohesive artistic theme. Two additional lines of copy are found in the middle section. This portion has a “call to action” in which the creator communicates a message. The bottom portion of text consists of “SUBMIT” such that a user could physically interact with the artwork on a digital device in order to execute the call to action. The copy is in all-caps and is in a non-standard sans-serif font, both of which are common themes in Ye’s written works.

48. The flyer specifically references a “NEW ¥$ MUSIC VIDEO.” ¥$ are symbols used to represent a music group led by Ye, who were included on the Vultures 1 album. Within the album, a track credited to ¥$, Back to Me, February 10, 2024, includes Ye’s performance of the second verse, which draws a remarkable similarity to the artistic expression in the flyer:

Beautiful, naked, big-titty women just don′t fall out the sky, you know?
Sky, you know? Sky, you know?
And beautiful, big-titty, butt-naked women just don′t fall out the sky, you know?
Tell me how you know, I been searchin’ high and low

49. The flyer was directly tied to the thematic content of Vultures 1, and was not gratuitous but an integral part of Ye’s broader expressive campaign.

50. Artistic nudity, provocative marketing, and aesthetic critiques are fully protected forms of expression under the First Amendment.

51. Plaintiff’s role was to promote Ye’s artistic vision—not censor it. Her discomfort with the flyer’s provocative imagery does not transform protected artistic speech into actionable harassment. Ye’s creation and dissemination of the flyer, and his instruction that Plaintiff promote it, constitute protected artistic expression regarding matters of public interest and Plaintiff’s claims based on this conduct must be stricken.

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