Judge Throws Out Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A judge has dismissed the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar’s track the diss record.
Judge the court’s judge ruled that Lamar's lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and cannot be considered defamatory.
Drake submitted the lawsuit in early this year, claiming UMG, the record label representing the two rappers, of defamation by allowing the song to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s representative stated he intended to appeal the decision. UMG expressed it was pleased with the result and was looking forward to continuing its work with the rapper.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of Lamar's musical journey, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the artists "the most notorious hip-hop feud in the history of rap music".
"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 Drake is a pedophile is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations 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 earlier song, the artist had "dared Lamar to make the pedophile claims" that appeared in Not Like Us.
On the track his own release, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.
"The similarity in the phrasing suggests strongly that this lyric is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not name Lamar in the lawsuit.
His lawyers accused UMG of launching "an effort to create a viral hit" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to imply that the public should turn to vigilante justice in response".
Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with profanity, insults, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in similar language, quoting a lyric in which the artist "heavily" implied that "Lamar is a domestic abuser", and another where he "claims that he 'heard' that one of Lamar's sons may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, passionate language or hyperbole."
Reacting to the dismissal, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their artistic freedom and should not have been filed."
"We're pleased with the judge’s ruling and look forward to resuming our partnership effectively promoting the artist’s work and investing in his artistic path," the representative continued.
A representative for the musician said the artist intended to contest the decision, "and we look forward to the appellate court examining it".
Lamar has yet to issue a statement on the legal matter.