Judge Throws Out Rapper Drake's Legal Case Over Kendrick Lamar's Not Like Us
A judge has rejected the rapper Drake’s legal claim targeting Universal Music Group over Kendrick Lamar’s track the diss record.
Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which accused the artist and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
Drake filed the legal action in January, accusing Universal Music Group, the record label representing the two rappers, of defamation by allowing the track to be released and promoted, saying it spread a "untrue and harmful story".
The artist’s representative said he planned to appeal the decision. Universal Music Group expressed it was pleased with the result and was eager to resuming its collaboration with the rapper.
Background of the Hip-Hop Feud
The diss song, which was first dropped in spring 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.
It has become the biggest hit of Lamar's musical journey, having won five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the rappers "the most infamous rap battle in the genre's history".
"The artists' series of diss tracks was a 'war of words' that was the focus of extensive press coverage and digital debate," the court wrote.
"Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by both participants, would not lead the average audience to believe that 'the track' conveys verifiable facts about plaintiff."
She also noted that, in an earlier song, Drake had "dared his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the track his own release, Drake used the synthetic vocals of Tupac Shakur to suggest strategies 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 lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," 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 prior song."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His legal team accused UMG of initiating "a campaign to create a popular song" out of a track that made the "false factual allegation that Drake is a convicted predator, and to imply that the audience should turn to extra-legal action in retaliation".
Ruling against the plaintiff, the judge said listeners would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, violent implications, and exaggerated statements."
She pointed out that Drake himself had used similar language, quoting a line in which the artist "heavily" suggested that "Lamar is a spouse beater", and a separate instance where Drake "claims that he 'heard' that one of Lamar's children may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in public debate, intense arguments, or similar situations in which an audience may expect the use of slurs, fiery rhetoric or exaggeration."
Reacting to the dismissal, a label representative said: "From the beginning, this case was an affront to all artists 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 promoting Drake's music and supporting his career," the spokesperson added.
A representative for Drake said the rapper intended to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Lamar has yet to comment on the case.