Court Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has dismissed Drake's defamation lawsuit targeting the music corporation concerning Kendrick Lamar's track Not Like Us.
Presiding Judge Jeannette Vargas decided that the rapper’s song lyrics, which accused the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
Drake filed the lawsuit in January, claiming Universal Music Group, the record label representing both artists, of defamatory conduct by allowing the track to be released and marketed, saying it spread a "untrue and harmful story".
Drake's representative said he intended to challenge the decision. UMG expressed it was satisfied with the outcome and was eager to continuing its work with the musician.
Background 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 rival rappers.
It has become the biggest hit of Lamar's career, having won five Grammys and being one of the most-discussed moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court noted.
"While the accusation that Drake is a pedophile is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and insulting claims hurled by both participants, would not lead the average audience to believe that 'the track' imparts verifiable facts about plaintiff."
She also noted that, in an previous track, the artist had "dared Lamar to make the paedophilia accusations" that appeared in the diss record.
On the track his own release, the rapper used the AI-generated voice of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"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 the court.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His lawyers alleged UMG of initiating "an effort to generate a popular song" out of a track that made the "untrue claim that Drake is a convicted predator, and to imply that the audience should turn to extra-legal action in response".
Deciding against Drake, the judge said fans would not expect "truthful accounts" from a musical attack "filled with profanity, insults, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had engaged in comparable rhetoric, quoting a line in which the star "strongly" suggested that "Lamar is a domestic abuser", and another where Drake "raps that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, the court said: "Even seemingly factual claims may take on the nature of statements of opinion... when made in public debate, intense arguments, or similar situations in which an listener may anticipate the use of slurs, passionate language or hyperbole."
Reacting to the dismissal, a label 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're pleased with the court's dismissal and are eager to continuing our work successfully promoting the artist’s work and investing in his artistic path," the representative continued.
A representative for the musician said the artist intended to appeal the ruling, "and we look forward to the Court of Appeals reviewing it".
Kendrick Lamar has not yet issue a statement on the case.