Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A court official has rejected Drake's defamation lawsuit targeting the music corporation over Kendrick Lamar’s song the diss record.
Judge the court’s judge determined that the rapper’s song lyrics, which accused the artist and his crew of being "pedophiles", were "protected opinion" and cannot be deemed libelous.
Drake submitted the legal action in January, claiming Universal Music Group, the music company behind both artists, of defamation by allowing the song to be released and marketed, stating it spread a "untrue and harmful story".
Drake's representative stated he planned to challenge the ruling. UMG said it was satisfied with the result and was eager to resuming its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has become the most successful track of Lamar's career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge noted.
"Although the accusation that Drake is a pedophile is certainly a grave allegation, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by each artist, would not incline the average audience to believe that 'Not Like Us' conveys truthful statements about plaintiff."
She also noted that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the song his own release, Drake used the AI-generated voice of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The similarity in the wording suggests strongly that this lyric is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers alleged the label of initiating "a campaign to generate a viral hit" out of a release that made the "false factual allegation that the artist is a convicted predator, and to imply that the public should resort to extra-legal action in retaliation".
Deciding against Drake, Judge Vargas said fans would not expect "truthful accounts" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that the rapper himself had used similar language, referencing a lyric in which the artist "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of Lamar's sons may not be biologically his."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or exaggeration."
Responding to the dismissal, a label spokesperson said: "From the outset, this case was an insult 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 spokesperson continued.
A spokesperson for Drake said the rapper intended to contest the decision, "and we look forward to the Court of Appeals reviewing it".
Kendrick Lamar has yet to issue a statement on the legal matter.