Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has rejected the rapper Drake’s legal claim against the music corporation over Kendrick Lamar’s song Not Like Us.
Presiding Judge Jeannette Vargas ruled that Lamar's song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be deemed libelous.
The Canadian rapper filed the legal action in January, accusing Universal Music Group, the music company behind both artists, of defamation by allowing the track to be released and marketed, stating it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he intended to challenge the ruling. UMG said it was pleased with the outcome and was looking forward to continuing its work with the musician.
Background of the Hip-Hop Feud
The diss song, which was first dropped in spring 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has become the biggest hit of Lamar's career, having won multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge called the row between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and digital debate," the judge wrote.
"While the accusation that Drake is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with incendiary language and insulting claims exchanged by both participants, would not lead the reasonable listener to believe that 'the track' conveys verifiable facts about the claimant."
She also noted that, in an earlier song, the artist had "challenged his rival to make the pedophile claims" that appeared in the diss record.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," wrote Judge Vargas.
"The parallel in the phrasing suggests strongly that this lyric is a direct callback to the artist’s own words in the earlier release."
'An Affront to Artists'
The musician, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His legal team alleged UMG of initiating "a campaign to create a popular song" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should resort to extra-legal action in response".
Ruling against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a musical attack "replete with profanity, trash-talking, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in 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 'heard' that one of Lamar's sons may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... when made in open discourse, intense arguments, or other circumstances in which an listener may expect the use of epithets, passionate language or exaggeration."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their artistic freedom and should not have been filed."
"We are satisfied with the judge’s ruling and look forward to continuing our partnership effectively promoting Drake's music and investing in his career," the representative added.
A spokesperson for the musician said the rapper intended to contest the decision, "and we look forward to the appellate court reviewing it".
Kendrick Lamar has not yet comment on the case.