Court Dismisses Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has dismissed Drake's defamation lawsuit against the music corporation over Kendrick Lamar's song Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be considered libelous.
Drake submitted the lawsuit in January, accusing Universal Music Group, the music company representing both artists, of defamation by permitting the song to be published and marketed, saying it spread a "false and malicious narrative".
The artist’s representative stated he intended to appeal the ruling. Universal Music Group said it was satisfied with the result and was looking forward to continuing its work with the musician.
Context of the Rap Battle
The diss song, which was first dropped in May 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of Lamar's career, having received 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 genre's history".
"The artists' series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the judge noted.
"While the claim that plaintiff is a child predator is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and offensive accusations hurled by both participants, would not incline the average audience to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the track Taylor Made Freestyle, Drake used the AI-generated voice 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 track suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the wording suggests strongly that this line is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His lawyers alleged UMG of launching "a campaign to generate a popular song" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the public should turn to vigilante justice in response".
Ruling against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that the rapper himself had engaged in similar language, quoting a line in which the star "strongly" suggested that "his opponent is a spouse beater", and a separate instance where he "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Although apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an listener may expect the use of epithets, passionate language or hyperbole."
Responding to the rejection, a UMG representative said: "From the outset, this lawsuit was an affront to every creative and their creative expression and should not have been filed."
"We are satisfied with the judge’s ruling and look forward to resuming our partnership effectively marketing Drake's music and investing in his artistic path," the representative continued.
A representative for the musician said the rapper planned to contest the ruling, "and we look forward to the Court of Appeals reviewing it".
Lamar has yet to comment on the legal matter.