Court Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A court official has thrown out Drake's defamation lawsuit against Universal Music Group over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas decided that Lamar's song lyrics, which accused Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
Drake submitted the legal action in January, accusing Universal Music Group, the music company representing both artists, of defamatory conduct by permitting the song to be published and promoted, saying it disseminated a "false and malicious narrative".
Drake's spokesperson said he planned to appeal the decision. 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 May 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has emerged as the biggest hit of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the row between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the judge wrote.
"While the claim that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an previous track, Drake had "dared his rival to make the pedophile claims" that featured in the diss record.
On the track his own release, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The parallel in the phrasing suggests strongly that this lyric is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not sue his rival in the legal filing.
His lawyers alleged UMG of initiating "an effort 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 audience should resort to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used comparable rhetoric, referencing a lyric in which the artist "heavily" implied that "his opponent is a domestic abuser", and another where he "raps that he 'was told' that one of his rival’s children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Even seemingly factual claims may assume the character of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, passionate language or exaggeration."
Responding to the rejection, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their artistic freedom and never should have seen the light of day."
"We're pleased with the court's dismissal and look forward to resuming our partnership effectively marketing the artist’s work and supporting his career," the representative added.
A spokesperson for the musician said the artist planned to contest the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the legal matter.