Judge Dismisses Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A court official has thrown out the rapper Drake’s defamation lawsuit targeting the music corporation concerning Kendrick Lamar's track Not Like Us.
Presiding Judge Jeannette Vargas decided that Lamar's lyrics, which accused Drake and his crew of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
Drake filed the legal action in early this year, claiming UMG, the music company representing both artists, of defamation by allowing the track to be published and marketed, stating it disseminated a "untrue and harmful story".
Drake's representative said he planned to appeal the ruling. Universal Music Group expressed it was pleased with the result and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was initially released in spring 2024, was broadly viewed as the decisive blow in an continuing feud between the competing artists.
It has emerged as the biggest hit 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 38-page order, Judge Vargas called the dispute between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and digital debate," the court wrote.
"Although 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 exchanged by each artist, would not lead the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about the claimant."
She also noted that, in an earlier song, Drake had "challenged Lamar to make the pedophile claims" that appeared in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur 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 suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated the court.
"The parallel in the phrasing suggests strongly that this lyric is a clear reference to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Graham, did not sue his rival in the legal filing.
His lawyers accused UMG of initiating "an effort to generate a viral hit" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the public should turn to extra-legal action in retaliation".
Deciding against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, threats of violence, and exaggerated statements."
She pointed out that Drake himself had used comparable rhetoric, referencing a lyric in which the artist "strongly" implied that "his opponent is a domestic abuser", and a separate instance where Drake "claims that he 'was told' that one of Lamar's sons may not be biologically his."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... 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 rejection, a UMG spokesperson said: "From the outset, this lawsuit was an insult to every creative and their creative expression and never should have seen the light of day."
"We're pleased with the court's dismissal and look forward to continuing our partnership effectively promoting the artist’s work and supporting his artistic path," the spokesperson added.
A spokesperson for Drake said the artist planned to appeal the ruling, "and we await the Court of Appeals examining it".
Lamar has not yet issue a statement on the legal matter.