Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar's Not Like Us
A court official has rejected the rapper Drake’s defamation lawsuit targeting Universal Music Group over Kendrick Lamar's song the diss record.
Judge Jeannette Vargas ruled that Lamar's song lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake submitted the lawsuit in early this year, claiming UMG, the music company behind the two rappers, of defamatory conduct by permitting the track to be released and promoted, saying it spread a "false and malicious narrative".
The artist’s representative said he planned to challenge the decision. UMG expressed it was satisfied with the outcome and was eager to continuing its collaboration with the rapper.
Context of the Rap Battle
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 become the biggest hit of Lamar's musical journey, having won multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a detailed ruling, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and online discourse," the judge noted.
"Although the claim that Drake is a child predator is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an previous track, the artist had "challenged his rival to make the paedophilia accusations" that featured in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing strongly indicates that this line is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
Drake, whose real name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers accused UMG of launching "an effort 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 audience should resort to vigilante justice in response".
Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that Drake himself had used comparable rhetoric, quoting a line in which the artist "heavily" suggested that "his opponent is a domestic abuser", and another where he "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Regarding Lamar's song, the court said: "Although seemingly factual claims may take on the nature of subjective views... when made in open discourse, intense arguments, or other circumstances in which an audience may expect the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the outset, this lawsuit was an insult to every creative and their creative expression and should not have seen the light of day."
"We are satisfied with the court's dismissal and look forward to continuing our partnership successfully marketing Drake's music and supporting his artistic path," the representative continued.
A representative for the musician said the artist planned to contest the ruling, "and we await the appellate court examining it".
Kendrick Lamar has not yet comment on the legal matter.