Judge Throws Out Rapper Drake's Legal Case Over Kendrick Lamar's Diss Track
A judge has dismissed the rapper Drake’s legal claim targeting Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Presiding Judge the court’s judge determined that the rapper’s lyrics, which accused the artist and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
Drake submitted the legal action in early this year, claiming Universal Music Group, the record label behind the two rappers, of defamatory conduct by permitting the song to be released and promoted, saying it disseminated a "untrue and harmful story".
The artist’s representative said he intended to appeal the ruling. Universal Music Group expressed it was pleased with the outcome and was looking forward to continuing its collaboration with the musician.
Context of the Hip-Hop Feud
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 become the most successful track of Lamar's career, having won five Grammys and being one of the most-discussed moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the judge wrote.
"Although the claim that Drake is a pedophile is certainly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, would not incline the average audience to believe that 'the track' imparts verifiable facts about plaintiff."
She also noted that, in an earlier song, the artist had "challenged Lamar to make the pedophile claims" that featured in the diss record.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to give Lamar advice 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 lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The parallel in the wording suggests strongly that this line is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not sue his rival in the legal filing.
His lawyers accused UMG of launching "a campaign to generate a viral hit" out of a release that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should resort to extra-legal action in retaliation".
Deciding against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She highlighted that Drake himself had used comparable rhetoric, quoting a line in which the star "strongly" implied that "Lamar is a spouse beater", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be his biological offspring."
Concerning Lamar's song, the court said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an listener may expect the use of epithets, passionate language or hyperbole."
Responding to the rejection, a label spokesperson said: "From the beginning, this lawsuit was an insult to every creative and their creative expression and should not have been filed."
"We're pleased with the judge’s ruling and look forward to continuing our partnership effectively marketing the artist’s work and investing in his career," the representative added.
A representative for Drake said the rapper planned to contest the ruling, "and we look forward to the Court of Appeals examining it".
Lamar has yet to issue a statement on the case.