Court Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A court official has dismissed Drake's defamation lawsuit against the music corporation over Kendrick Lamar's song Not Like Us.
Presiding Judge Jeannette Vargas determined that the rapper’s lyrics, which claimed Drake and his crew of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
The Canadian rapper filed the legal action in early this year, accusing Universal Music Group, the music company representing the two rappers, of defamation by permitting the song to be released and promoted, stating it disseminated a "untrue and harmful story".
The artist’s representative said he planned to challenge the ruling. UMG expressed it was pleased with the outcome and was eager to continuing its collaboration with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has become the biggest hit of the rapper’s musical journey, having won multiple Grammy awards 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 dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and online discourse," the judge wrote.
"Although the claim that plaintiff is a pedophile is undoubtedly a serious one, 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 'Not Like Us' conveys verifiable facts 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 song Taylor Made Freestyle, Drake used the AI-generated voice of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The similarity in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
The musician, whose legal name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers alleged the label of launching "an effort to generate a popular song" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the audience should resort to extra-legal action in response".
Deciding against the plaintiff, the judge said listeners would not expect "truthful accounts" from a musical attack "replete with vulgar language, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, referencing a lyric in which the artist "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of Lamar's sons may not be his biological offspring."
Regarding the track in question, the court said: "Although apparent statements of fact may assume the character of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the outset, this case was an affront to every creative and their creative expression and should not have seen the light of day."
"We are satisfied with the judge’s ruling and are eager to continuing our work effectively promoting the artist’s work and supporting his artistic path," the representative continued.
A representative for Drake said the rapper planned to appeal the ruling, "and we look forward to the appellate court reviewing it".
Lamar has not yet issue a statement on the legal matter.