Judge Throws Out Rapper Drake's Lawsuit Over 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.
Presiding Judge Jeannette Vargas ruled that the rapper’s lyrics, which claimed the artist and his crew of being "pedophiles", were "protected opinion" and could not be deemed libelous.
Drake filed the legal action in early this year, claiming UMG, the music company behind the two rappers, of defamation by allowing the track to be released and marketed, stating it disseminated a "untrue and harmful story".
The artist’s representative stated he intended to challenge the ruling. UMG expressed it was satisfied with the outcome and was looking forward to resuming its work with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.
It has become the most successful track of Lamar's career, 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, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of substantial media scrutiny and digital debate," the court noted.
"Although the claim that Drake is a child predator is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and insulting claims hurled by both participants, would not incline the average audience to believe that 'the track' conveys truthful statements about plaintiff."
She additionally observed that, in an earlier song, Drake had "challenged Lamar to make the pedophile claims" that featured in Not Like Us.
On the track his own release, the rapper used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song proposed.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The similarity in the wording suggests strongly that this lyric is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue his rival in the lawsuit.
His lawyers alleged UMG of initiating "an effort to create a viral hit" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the public should turn to vigilante justice in retaliation".
Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a musical attack "filled with profanity, insults, violent implications, and figurative and hyperbolic language."
She highlighted that the rapper himself had used similar language, referencing a lyric in which the artist "strongly" implied that "Lamar is a domestic abuser", and another where Drake "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of epithets, passionate language or exaggeration."
Responding to the rejection, a label spokesperson said: "From the beginning, this lawsuit was an affront to every creative and their artistic freedom and should not have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work successfully marketing the artist’s work and investing in his career," the spokesperson added.
A representative for the musician said the rapper planned to contest the ruling, "and we await the appellate court reviewing it".
Kendrick Lamar has not yet issue a statement on the case.