Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A court official has thrown out Drake's legal claim against Universal Music Group concerning Kendrick Lamar's track Not Like Us.
Presiding Judge the court’s judge decided that Lamar's song lyrics, which accused the artist and his associates of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
The Canadian rapper submitted the lawsuit in January, accusing UMG, the music company behind both artists, of defamatory conduct by permitting the song to be released and marketed, saying it spread a "untrue and harmful story".
The artist’s representative said he planned to appeal the ruling. Universal Music Group expressed it was satisfied with the result and was looking forward to continuing its collaboration with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the most successful track of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the rappers "the most infamous rap battle in the history of rap music".
"The artists' series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court noted.
"Although the claim that Drake is a pedophile is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations hurled by each artist, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "dared his rival to make the pedophile claims" that featured in the diss record.
On the track Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"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 strongly indicates that this lyric is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not name Lamar in the lawsuit.
His lawyers alleged the label of initiating "an effort to create a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should turn to extra-legal action in response".
Deciding against Drake, the judge said listeners would not expect "truthful accounts" from a diss track "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had engaged in similar language, quoting a line in which the star "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'heard' that one of Lamar's sons may not be biologically his."
Regarding the track in question, Judge Vargas 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 epithets, fiery rhetoric or hyperbole."
Reacting to the dismissal, a label representative said: "From the beginning, this lawsuit was an insult to all artists and their artistic freedom and should not have seen the light of day."
"We are satisfied with the judge’s ruling and look forward to resuming our partnership successfully marketing the artist’s work and supporting his career," the representative continued.
A spokesperson for Drake said the artist intended to contest the decision, "and we look forward to the appellate court reviewing it".
Lamar has not yet comment on the legal matter.