Judge Throws Out Drake's Lawsuit Regarding Kendrick Lamar’s Hit Not Like Us
A court official has dismissed the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar’s track Not Like Us.
Presiding Judge Jeannette Vargas determined that Lamar's lyrics, which accused Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be considered libelous.
Drake filed the lawsuit in early this year, claiming Universal Music Group, the music company representing both artists, of defamatory conduct by allowing the track to be released and marketed, saying it spread a "untrue and harmful story".
The artist’s representative stated he planned to appeal the decision. UMG said it was satisfied with the outcome and was eager to resuming its collaboration with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in May 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has emerged as the most successful track of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance 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’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge noted.
"Although the claim that Drake is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations exchanged by each artist, would not incline the reasonable listener to believe that 'Not Like Us' imparts truthful statements about plaintiff."
She additionally observed that, in an previous track, Drake had "challenged Lamar to make the paedophilia accusations" that featured in the diss record.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals 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 suggested.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
Drake, whose real name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His lawyers alleged the label of launching "an effort to generate a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should resort to vigilante justice in retaliation".
Deciding against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that Drake himself had used comparable rhetoric, referencing a line in which the star "heavily" implied that "Lamar is a spouse beater", and a separate instance where he "raps that he 'was told' that one of his rival’s children may not be biologically his."
Concerning Lamar's song, the court said: "Although seemingly factual claims may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an audience may expect the use of epithets, passionate language or hyperbole."
Reacting to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an insult to every creative and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and are eager to continuing our work effectively promoting Drake's music and supporting his artistic path," the representative added.
A representative for Drake said the rapper intended to appeal the ruling, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has not yet issue a statement on the case.