Court Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A court official has thrown out the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas ruled that Lamar's song lyrics, which claimed the artist and his crew of being "certified paedophiles", were "nonactionable opinion" and cannot be considered defamatory.
Drake submitted the lawsuit in early this year, accusing Universal Music Group, the record label behind the two rappers, of defamatory conduct by permitting the song to be released and marketed, stating it spread a "untrue and harmful story".
The artist’s representative stated he planned to challenge the ruling. Universal Music Group expressed it was satisfied with the result and was eager to resuming its collaboration with the musician.
Context 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 five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge called the row between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the court noted.
"While the accusation that Drake is a pedophile is certainly a serious one, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not incline the average audience to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, the artist had "dared Lamar to make the paedophilia accusations" that appeared in Not Like Us.
On the song his own release, the rapper used the synthetic vocals of the late rapper to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.
"The parallel in the phrasing strongly indicates that this lyric is a direct callback to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
Drake, whose real name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team alleged UMG of initiating "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a convicted predator, and to imply that the public should turn to vigilante justice in response".
Deciding against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a musical attack "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, quoting a lyric in which the artist "strongly" implied that "his opponent is a spouse beater", and another where he "raps that he 'was told' that one of Lamar's children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an listener 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 affront to all artists and their artistic freedom and should not have seen the light of day."
"We're pleased with the court's dismissal and are eager to resuming our work effectively marketing the artist’s work and supporting his career," the representative added.
A representative for the musician said the rapper planned to contest the ruling, "and we look forward to the appellate court examining it".
Lamar has yet to issue a statement on the legal matter.