Judge Throws Out Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A judge has dismissed the rapper Drake’s defamation lawsuit against the music corporation concerning Kendrick Lamar’s song the diss record.
Presiding Judge Jeannette Vargas decided that the rapper’s song lyrics, which accused Drake and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake filed the lawsuit in January, accusing Universal Music Group, the record label behind both artists, of defamatory conduct by permitting the track to be released and marketed, saying it disseminated a "untrue and harmful story".
The artist’s representative said he planned to appeal the decision. Universal Music Group said it was satisfied with the outcome and was eager to continuing its collaboration with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an ongoing battle between the competing artists.
It has become the most successful track of Lamar's career, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the artists "the most infamous rap battle in the history of rap music".
"The artists' series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the judge wrote.
"Although the accusation that Drake is a child predator is certainly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, would not lead the average audience to believe that 'the track' imparts verifiable facts about the claimant."
She additionally observed that, in an earlier song, the artist had "challenged his rival to make the paedophilia accusations" that appeared in the diss record.
On the track his own release, Drake used the synthetic vocals 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 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 strongly indicates that this line is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers alleged UMG of launching "an effort to create a viral hit" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the audience should turn to vigilante justice in retaliation".
Deciding against Drake, the judge said listeners would not expect "truthful accounts" from a musical attack "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a line in which the artist "heavily" suggested that "his opponent is a spouse beater", and a separate instance where he "claims that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to all artists and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and are eager to resuming our work effectively promoting the artist’s work and supporting his career," the spokesperson added.
A spokesperson for the musician said the rapper intended to appeal the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has not yet issue a statement on the case.