Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A court official has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas determined that the rapper’s song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be deemed libelous.
Drake submitted the legal action in January, accusing Universal Music Group, the record label representing both artists, of defamation by allowing the song to be published and promoted, stating it disseminated a "untrue and harmful story".
Drake's representative stated he intended to appeal the decision. UMG said it was satisfied with the outcome and was looking forward to continuing its work with the musician.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has become the biggest hit of the rapper’s career, having received five Grammys and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the row 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 focus of extensive press coverage and online discourse," the judge noted.
"Although the accusation that Drake is a pedophile is certainly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an earlier song, Drake had "dared Lamar to make the pedophile claims" that featured in the diss record.
On the track his own release, the rapper used the synthetic vocals of the late rapper to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing strongly indicates that this line is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose legal name is Aubrey Graham, did not sue his rival in the lawsuit.
His lawyers accused the label of launching "a campaign to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the public should turn to extra-legal action in response".
Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "filled with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that the rapper himself had used similar language, referencing a lyric in which the star "heavily" suggested that "his opponent is a spouse beater", and a separate instance where he "claims that he 'heard' that one of his rival’s children may not be biologically his."
Regarding the track in question, Judge Vargas said: "Even seemingly factual claims may take on the nature of subjective views... when made in open discourse, heated labour dispute, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and should not have seen the light of day."
"We're pleased with the court's dismissal and look forward to continuing our partnership effectively marketing Drake's music and investing in his career," the representative continued.
A spokesperson for Drake said the rapper planned to appeal the decision, "and we await the appellate court examining it".
Kendrick Lamar has yet to issue a statement on the case.