Court Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A court official has thrown out Drake's legal claim targeting Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Judge Jeannette Vargas ruled that Lamar's song lyrics, which claimed Drake and his crew of being "certified paedophiles", were "protected opinion" and cannot be considered defamatory.
The Canadian rapper submitted the legal action in early this year, accusing Universal Music Group, the record label behind both artists, of defamation by permitting the track to be published and marketed, stating it disseminated a "untrue and harmful story".
The artist’s representative said he intended to appeal the decision. UMG expressed it was pleased with the outcome and was eager to continuing its work with the rapper.
Context of the Rap Battle
Not Like Us, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the biggest hit of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the artists "the most infamous rap battle in the history of rap music".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of extensive press coverage and online discourse," the judge noted.
"While the accusation that Drake is a child predator is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not lead the average audience to believe that 'Not Like Us' imparts truthful statements about the claimant."
She additionally observed that, in an earlier song, the artist had "challenged his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the track his own release, the rapper used the synthetic vocals of the late rapper to suggest strategies 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 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.
"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 Drake Graham, did not sue his rival in the legal filing.
His legal team alleged the label of initiating "a campaign to generate a popular song" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should turn to extra-legal action in response".
Ruling against Drake, the judge said fans would not expect "truthful accounts" from a diss track "replete with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that Drake himself had used comparable rhetoric, quoting a lyric in which the star "strongly" suggested that "Lamar is a spouse beater", and another where he "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may take on the nature of subjective views... when made in public debate, intense arguments, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an insult to all artists and their artistic freedom and never should have seen the light of day."
"We are satisfied with the judge’s ruling and look forward to continuing our work successfully marketing the artist’s work and supporting his career," the representative added.
A representative for the musician said the rapper planned to contest the decision, "and we await the Court of Appeals reviewing it".
Lamar has not yet comment on the legal matter.