Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A court official has thrown out Drake's defamation lawsuit targeting Universal Music Group over Kendrick Lamar’s track Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his crew of being "certified paedophiles", were "protected opinion" and could not be considered libelous.
Drake filed the lawsuit in January, accusing Universal Music Group, the music company behind both artists, of defamatory conduct by permitting the track to be published and marketed, saying it spread a "false and malicious narrative".
Drake's representative stated he planned to appeal the decision. UMG said it was pleased with the result and was looking forward to continuing its work with the rapper.
Context of the Hip-Hop Feud
The diss song, which was initially released in spring 2024, was widely seen as the final strike in an continuing feud between the rival rappers.
It has emerged as the most successful track of Lamar's career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a detailed ruling, the judge called the row between the artists "the most infamous rap battle in the history of rap music".
"The artists' seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the court wrote.
"Although the claim that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not incline the average audience to believe that 'the track' conveys verifiable facts about plaintiff."
She also noted that, in an earlier song, Drake had "dared his rival to make the paedophilia accusations" that appeared in the diss record.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The similarity in the wording suggests strongly that this line is a clear reference to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His lawyers alleged UMG of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the audience should turn to extra-legal action in response".
Ruling against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, referencing a lyric in which the artist "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where he "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of subjective views... when made in open discourse, intense arguments, or other circumstances in which an listener may expect the use of slurs, fiery rhetoric or exaggeration."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to every creative and their creative expression and never should have seen the light of day."
"We're pleased with the judge’s ruling and look forward to continuing our partnership successfully promoting Drake's music and investing in his artistic path," the spokesperson continued.
A spokesperson for Drake said the rapper intended to appeal the ruling, "and we await the appellate court examining it".
Kendrick Lamar has not yet comment on the case.