Court Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar's Diss Track
A court official has rejected the rapper Drake’s defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which claimed Drake and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
Drake submitted the legal action in early this year, claiming Universal Music Group, the music company representing both artists, of defamation by permitting the track to be published and marketed, stating it disseminated a "false and malicious narrative".
The artist’s representative stated he planned to appeal the ruling. UMG expressed it was pleased with the result and was looking forward to resuming its work with the rapper.
Context of the Rap Battle
The diss song, which was initially released in May 2024, was broadly viewed as the final strike in an ongoing battle between the competing artists.
It has become the biggest hit of the rapper’s musical journey, having won five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, the judge called the dispute between the artists "the most notorious hip-hop feud 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 judge wrote.
"Although the accusation that plaintiff is a pedophile is undoubtedly a serious one, the broader context of a heated rap battle, with provocative remarks and insulting claims exchanged by both participants, would not lead the average audience to believe that 'the track' imparts verifiable facts about plaintiff."
She additionally observed that, in an previous track, the artist had "challenged Lamar to make the pedophile claims" that appeared in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of the late rapper to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote the court.
"The parallel in the wording strongly indicates that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue Lamar in the legal filing.
His lawyers alleged the label of initiating "a campaign to generate a popular song" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the public should resort to vigilante justice in retaliation".
Deciding against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a musical attack "filled with vulgar language, insults, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in comparable rhetoric, referencing a lyric in which the artist "strongly" suggested that "his opponent is a spouse beater", and another where he "claims that he 'heard' that one of his rival’s sons may not be biologically his."
Concerning the track in question, the court 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."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this case was an insult to all artists and their artistic freedom and should not have seen the light of day."
"We're pleased with the judge’s ruling and are eager to resuming our partnership effectively marketing Drake's music and investing in his career," the spokesperson added.
A spokesperson for the musician said the artist intended to appeal the ruling, "and we await the Court of Appeals examining it".
Lamar has yet to comment on the case.