Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has rejected the rapper Drake’s legal claim against Universal Music Group over Kendrick Lamar's song Not Like Us.
Judge Jeannette Vargas ruled that Lamar's lyrics, which accused Drake and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake submitted the legal action in January, accusing UMG, the record label representing both artists, of defamatory conduct by permitting the song to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s spokesperson said he intended to appeal the ruling. Universal Music Group expressed it was satisfied with the result and was eager to resuming its work with the rapper.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has emerged as the biggest hit of the rapper’s career, 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, Judge Vargas called the row 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 focus of extensive press coverage and online discourse," the court noted.
"While the accusation that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by each artist, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."
She also noted that, in an earlier song, Drake had "dared Lamar to make the pedophile claims" that appeared in the diss record.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," stated the court.
"The similarity in the wording 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 legal name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers accused UMG of launching "an effort to create a viral hit" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".
Deciding against Drake, the judge said fans would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She highlighted that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the star "heavily" implied that "Lamar is a domestic abuser", and a separate instance where Drake "raps that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, 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 similar situations in which an audience may anticipate the use of slurs, passionate language or exaggeration."
Responding to the rejection, a label representative said: "From the beginning, this case was an insult to all artists and their creative expression and should not have seen the light of day."
"We're pleased with the judge’s ruling and look forward to resuming our partnership effectively marketing Drake's music and investing in his artistic path," the spokesperson added.
A representative for the musician said the rapper planned to contest the decision, "and we await the Court of Appeals examining it".
Lamar has not yet issue a statement on the legal matter.