Court Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A judge has rejected the rapper Drake’s legal claim targeting Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Judge Jeannette Vargas ruled that Lamar's lyrics, which claimed Drake and his crew of being "certified paedophiles", were "protected opinion" and could not be deemed defamatory.
Drake submitted the legal action in early this year, accusing Universal Music Group, the record label representing the two rappers, of defamation by permitting the song to be released and marketed, saying it spread a "false and malicious narrative".
Drake's spokesperson stated he intended to appeal the decision. Universal Music Group expressed it was satisfied with the outcome and was looking forward to resuming its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court noted.
"Although the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with incendiary language and offensive accusations exchanged by each artist, would not incline the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, the artist had "dared Lamar to make the pedophile claims" that featured in the diss record.
On the track his own release, the rapper used the AI-generated voice of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," stated the court.
"The similarity in the wording strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team alleged UMG of launching "an effort to create a viral hit" out of a track that made the "false factual allegation that Drake is a convicted predator, and to suggest that the audience should turn to vigilante justice in retaliation".
Ruling against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the artist "heavily" suggested that "Lamar is a spouse beater", and a separate instance where he "claims that he 'heard' that one of Lamar's sons may not be his biological offspring."
Concerning Lamar's song, the court said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an listener may anticipate the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a UMG representative said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and look forward to resuming our work effectively marketing Drake's music and supporting his career," the spokesperson added.
A representative for Drake said the rapper planned to appeal the ruling, "and we await the appellate court reviewing it".
Lamar has not yet comment on the case.