Court Throws Out Drake's Lawsuit Over Kendrick Lamar’s Hit Not Like Us
A court official has rejected Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar’s track the diss record.
Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "pedophiles", were "protected opinion" and cannot be considered defamatory.
The Canadian rapper submitted the legal action in early this year, claiming Universal Music Group, the record label behind the two rappers, of defamation by permitting the track to be released and promoted, saying it spread a "false and malicious narrative".
Drake's representative stated he planned to challenge the ruling. UMG expressed it was satisfied with the outcome and was looking forward to continuing its work with the rapper.
Context of the Rap Battle
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has become the biggest hit of the rapper’s career, having won five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the dispute between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and online discourse," the judge noted.
"Although the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team accused the label of launching "a campaign to create a popular song" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the audience should turn to vigilante justice in response".
Ruling against Drake, the judge said listeners would not expect "truthful accounts" from a diss track "filled with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "heavily" suggested that "his opponent is a spouse beater", and another where Drake "claims 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 apparent statements of fact may take on the nature of subjective views... when made in public debate, intense arguments, or similar situations in which an audience may expect the use of slurs, fiery rhetoric or hyperbole."
Reacting to the dismissal, a UMG spokesperson said: "From the outset, this case was an affront to every creative and their artistic freedom and should not have been filed."
"We're pleased with the court's dismissal and look forward to continuing our partnership successfully marketing the artist’s work and supporting his career," the spokesperson added.
A representative for the musician said the artist planned to appeal the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the legal matter.