Ye claims antisemitic comments were art

Ye's legal team is now asserting that his controversial statements, including self-identification as a 'Nazi' and references to 'Hitler,' constitute protected artistic expression. This argument is part of an appeal against a lower court's ruling that dismissed his First Amendment defense in a workplace discrimination lawsuit. The rapper's attorneys contend that these communications were integral to developing his art, not separate from it.

This legal stance follows Ye's public apology for antisemitic remarks, where he attributed his past behavior to severe brain damage sustained in a 2002 car accident and bipolar disorder. He expressed deep regret and a commitment to accountability, stating he is not a Nazi or antisemite and loves Jewish people.

However, the lawsuit, filed by an employee identified as Jane Doe, alleges that Ye subjected her to 'antisemitic vitriol' while promoting his album 'Vultures 1' in 2024. Doe claims she was later fired for complaining about the alleged harassment. A judge had previously rejected Ye's attempt to dismiss the case under California's anti-SLAPP statute, ruling that private workplace messages do not fall under protected artistic expression.

Ye's attorneys are urging a California appeals court to overturn this decision. They argue that internal discussions with a publicist concerning marketing, imagery, and thematic presentation are part of the collaborative artistic process. Doe's lawyers are expected to file their response in May. If the appeal fails, the discrimination claims will proceed to evidence discovery.