Judge Throws Out Rapper Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A judge has thrown out Drake's defamation lawsuit against the music corporation over Kendrick Lamar’s track the diss record.
Presiding Judge the court’s judge ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
The Canadian rapper submitted the legal action in January, accusing Universal Music Group, the record label behind the two rappers, of defamatory conduct by allowing the track to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s spokesperson said he intended to challenge the decision. Universal Music Group expressed it was pleased with the outcome and was eager to resuming its collaboration with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the biggest hit of the rapper’s musical journey, having received five Grammys and being one of the most-discussed highlights 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 history of rap music".
"Both rappers’ seven-track rap battle was a 'war of words' that was the focus of extensive press coverage and digital debate," the court wrote.
"While the claim that plaintiff is a pedophile is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims hurled by each artist, would not incline the reasonable listener to believe that 'the track' imparts truthful statements about the claimant."
She also noted that, in an earlier song, Drake had "challenged Lamar to make the paedophilia accusations" that featured in Not Like Us.
On the track Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The similarity in the phrasing strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His lawyers accused the label of launching "a campaign to generate a viral hit" out of a track that made the "false factual allegation that the artist is a convicted predator, and to suggest that the audience should turn to vigilante justice in response".
Deciding against Drake, the judge said listeners would not expect "truthful accounts" from a musical attack "filled with profanity, insults, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had engaged in comparable rhetoric, quoting a line in which the star "heavily" implied that "Lamar is a domestic abuser", and another where Drake "claims that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, the court said: "Even seemingly factual claims may take on the nature of subjective views... when made in public debate, heated labour dispute, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the rejection, a label spokesperson said: "From the beginning, this case was an insult to all artists and their artistic freedom and never should have seen the light of day."
"We're pleased with the court's dismissal and are eager to continuing our work effectively promoting the artist’s work and investing in his career," the representative continued.
A spokesperson for the musician said the rapper planned to appeal the ruling, "and we look forward to the appellate court examining it".
Lamar has not yet comment on the legal matter.