Court Throws Out Drake's Lawsuit Over Kendrick Lamar's Diss Track
A judge has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which accused Drake and his crew of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake filed the legal action in January, claiming UMG, the record label behind the two rappers, of defamation by permitting the track to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s representative said he planned to challenge the decision. UMG said it was satisfied with the outcome and was eager to resuming its work with the musician.
Context of the Hip-Hop Feud
The diss song, 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 the rapper’s musical journey, having won five Grammys and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the dispute between the artists "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the court noted.
"Although the accusation that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations hurled by both participants, would not lead the average audience to believe that 'Not Like Us' conveys truthful statements about the claimant."
She additionally observed that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that appeared 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 suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated Judge Vargas.
"The parallel in the wording suggests strongly that this line is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team accused the label of initiating "a campaign to create a popular song" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to imply that the audience should turn to vigilante justice in retaliation".
Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had used similar language, quoting a line in which the artist "heavily" suggested that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning Lamar's song, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or hyperbole."
Reacting to the dismissal, a UMG spokesperson said: "From the outset, this case was an affront to every creative and their artistic freedom and should not have seen the light of day."
"We are satisfied with the court's dismissal and are eager to continuing our partnership successfully promoting Drake's music and supporting his artistic path," the representative added.
A representative for Drake said the artist planned to appeal the ruling, "and we look forward to the Court of Appeals reviewing it".
Kendrick Lamar has not yet comment on the case.