Judge Dismisses Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A judge has thrown out Drake's defamation lawsuit against the music corporation over Kendrick Lamar’s track Not Like Us.
Judge Jeannette Vargas determined that Lamar's lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and could not be deemed libelous.
The Canadian rapper filed the lawsuit in January, claiming Universal Music Group, the record label representing both artists, of defamation by permitting the track to be published and promoted, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he intended to challenge the ruling. UMG expressed it was satisfied with the outcome and was eager to resuming its work with the rapper.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.
It has become the most successful track of Lamar's musical journey, having received five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the artists "the most infamous rap battle in the genre's history".
"The artists' series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and digital debate," the judge noted.
"While the claim that plaintiff is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not incline the average audience to believe that 'the track' imparts verifiable facts about plaintiff."
She also noted that, in an previous track, the artist had "challenged his rival to make the pedophile claims" that featured 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 win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The parallel in the phrasing strongly indicates that this line is a direct callback to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His lawyers alleged the label of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".
Ruling against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had used comparable rhetoric, referencing a line in which the star "strongly" implied that "his opponent is a spouse beater", and another where he "claims that he 'heard' that one of his rival’s children may not be biologically his."
Concerning the track in question, the court said: "Even apparent statements of fact may take on the nature of subjective views... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, passionate language 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 should not have seen the light of day."
"We're pleased with the court's dismissal and are eager to resuming our partnership successfully marketing Drake's music and investing in his career," the representative added.
A representative for Drake said the rapper intended to contest the decision, "and we await the appellate court examining it".
Lamar has not yet comment on the legal matter.