Court Dismisses Drake's Lawsuit Regarding Kendrick Lamar’s Hit Not Like Us
A judge has rejected Drake's defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar’s track the diss record.
Judge Jeannette Vargas decided that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and could not be deemed libelous.
The Canadian rapper submitted the legal action in early this year, accusing Universal Music Group, the music company representing both artists, of defamation by permitting the song to be published and promoted, stating it spread a "false and malicious narrative".
The artist’s spokesperson stated he planned to challenge the decision. UMG expressed it was satisfied with the outcome and was looking forward to resuming its collaboration with the rapper.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has emerged as the most successful track of Lamar's musical journey, having won five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the row between the artists "the most notorious hip-hop feud 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.
"Although the accusation that plaintiff is a child predator is certainly a grave allegation, the broader context of a intense musical rivalry, with provocative remarks and insulting claims hurled by both participants, would not incline the average audience to believe that 'Not Like Us' conveys truthful statements about plaintiff."
She also noted that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The parallel in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Graham, did not name Lamar in the legal filing.
His lawyers accused UMG of launching "an effort to generate a viral hit" 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, the judge said listeners would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She highlighted that the rapper himself had used comparable rhetoric, referencing a line in which the artist "strongly" implied that "Lamar is a domestic abuser", and another where Drake "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."
Concerning the track in question, 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 slurs, fiery rhetoric or hyperbole."
Reacting to the rejection, a UMG representative said: "From the outset, this lawsuit was an insult to all artists and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and are eager to resuming our work effectively marketing the artist’s work and investing in his artistic path," the representative continued.
A spokesperson for Drake said the rapper planned to contest the ruling, "and we look forward to the Court of Appeals reviewing it".
Lamar has not yet comment on the case.