Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A court official has thrown out the rapper Drake’s legal claim targeting the music corporation over Kendrick Lamar’s song the diss record.
Presiding Judge the court’s judge ruled that the rapper’s lyrics, which claimed the artist and his crew of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake filed the legal action in January, accusing UMG, the music company behind both artists, of defamation by permitting the song to be released and marketed, saying it spread a "false and malicious narrative".
The artist’s spokesperson said he intended to challenge the ruling. Universal Music Group said it was pleased with the outcome and was looking forward to continuing its collaboration with the musician.
Context of the Rap Battle
The diss song, which was first dropped in spring 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the most successful track of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the row between the rappers "the most notorious hip-hop feud 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 court noted.
"Although the claim that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an previous track, the artist had "challenged his rival to make the paedophilia accusations" that featured in the diss record.
On the track his own release, Drake used the AI-generated voice of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not name his rival in the lawsuit.
His lawyers alleged UMG of launching "a campaign to generate a viral hit" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the audience should resort to extra-legal action in retaliation".
Deciding against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, trash-talking, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used similar language, referencing a line in which the star "heavily" implied that "Lamar is a spouse beater", and another where Drake "raps that he 'heard' that one of his rival’s sons may not be biologically his."
Regarding the track in question, Judge Vargas said: "Even seemingly factual claims may assume the character of subjective views... when made in open discourse, heated labour dispute, or other circumstances in which an listener may expect the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label representative said: "From the beginning, this lawsuit was an affront to every creative and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and look forward to resuming our work effectively marketing Drake's music and investing in his artistic path," the representative continued.
A spokesperson for the musician said the rapper planned to appeal the decision, "and we await the appellate court examining it".
Lamar has not yet comment on the case.