Judge Throws Out Rapper Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A court official has rejected the rapper Drake’s defamation lawsuit against Universal Music Group concerning Kendrick Lamar's track Not Like Us.
Judge Jeannette Vargas determined that the rapper’s lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
Drake filed the lawsuit in January, accusing Universal Music Group, the record label representing both artists, of defamatory conduct by permitting the song to be published and marketed, stating it disseminated a "false and malicious narrative".
The artist’s representative stated he planned to challenge the ruling. Universal Music Group expressed it was satisfied with the outcome and was looking forward to continuing its work with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.
It has become the most successful track of Lamar's musical journey, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge wrote.
"While the accusation that Drake is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'the track' imparts truthful statements about plaintiff."
She additionally observed that, in an previous track, Drake had "dared his rival to make the pedophile claims" that appeared in the diss record.
On the song his own release, the rapper used the synthetic vocals of the late rapper to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.
"The similarity in the wording suggests strongly that this lyric is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team alleged UMG of initiating "a campaign to create a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should resort to vigilante justice in retaliation".
Ruling against Drake, the judge said listeners would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, violent implications, and figurative and hyperbolic language."
She highlighted that the rapper himself had engaged in similar language, referencing a lyric in which the artist "heavily" implied that "his opponent is a domestic abuser", and another where he "raps that he 'was told' that one of Lamar's sons may not be biologically his."
Concerning Lamar's song, the court said: "Even seemingly factual claims may take on the nature of subjective views... when made in public debate, heated labour dispute, or similar situations in which an listener may expect the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label representative said: "From the beginning, this case was an affront to all artists and their creative expression and should not have been filed."
"We're pleased with the judge’s ruling and look forward to continuing our work successfully marketing the artist’s work and supporting his artistic path," the representative added.
A spokesperson for Drake said the rapper intended to contest the ruling, "and we look forward to the appellate court examining it".
Lamar has not yet issue a statement on the legal matter.