Judge Throws Out Drake's Legal Case Over Kendrick Lamar’s Hit Diss Track

A court official has thrown out Drake's defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's song Not Like Us.

Presiding Judge Jeannette Vargas determined that Lamar's song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be considered defamatory.

Drake filed the lawsuit in early this year, claiming Universal Music Group, the music company 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 spokesperson said he planned to appeal the decision. UMG expressed it was satisfied with the outcome and was eager to resuming its work with the rapper.

Context of the Hip-Hop Feud

Not Like Us, 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 most successful track of Lamar's career, having received five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.

In a detailed ruling, Judge Vargas called the dispute 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 online discourse," the judge noted.

"While the accusation that Drake is a child predator is certainly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not lead the average audience to believe that 'Not Like Us' imparts verifiable facts about plaintiff."

She additionally observed that, in an earlier song, the artist had "dared his rival to make the pedophile claims" that featured in the diss record.

On the track Taylor Made Freestyle, the rapper 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 song proposed.

"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated Judge Vargas.

"The similarity in the phrasing suggests strongly that this line is a direct callback to Drake's lyrics in the earlier release."

'An Affront to Artists'

Drake, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.

His legal team alleged the label of launching "an effort to create a viral hit" out of a release that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should resort to vigilante justice in retaliation".

Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "filled with vulgar language, insults, violent implications, and exaggerated statements."

She highlighted that Drake himself had used comparable rhetoric, referencing a lyric in which the star "heavily" suggested that "Lamar is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be biologically his."

Regarding Lamar's song, Judge Vargas said: "Although apparent statements of fact may assume the character of statements of opinion... when made in public debate, intense arguments, or similar situations in which an audience may expect the use of epithets, passionate language or exaggeration."

Responding to the rejection, a label representative said: "From the outset, this case was an affront to every creative and their creative expression and should not have seen the light of day."

"We're pleased with the judge’s ruling and look forward to resuming our partnership successfully promoting the artist’s work and investing in his artistic path," the spokesperson added.

A representative for the musician said the rapper planned to contest the decision, "and we await the Court of Appeals examining it".

Kendrick Lamar has yet to comment on the case.