Judge Throws Out Drake's Lawsuit Regarding Kendrick Lamar's Not Like Us
A judge has thrown out the rapper Drake’s defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar’s track Not Like Us.
Judge Jeannette Vargas ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake filed the legal action in January, claiming UMG, the record label behind both artists, of defamation by allowing the track to be released and promoted, stating it spread a "false and malicious narrative".
Drake's spokesperson stated he intended to appeal the decision. Universal Music Group expressed it was pleased with the result and was eager to resuming its collaboration with the musician.
Context of the Hip-Hop Feud
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the most successful track of Lamar's musical journey, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and online discourse," the court noted.
"Although the accusation that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, would not incline the average audience to believe that 'the track' imparts truthful statements about plaintiff."
She also noted that, in an earlier song, Drake had "challenged his rival to make the paedophilia accusations" that featured 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 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 evaluated," stated Judge Vargas.
"The similarity in the wording suggests strongly that this line is a direct callback to the artist’s own words in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His legal team accused UMG of launching "a campaign to generate a viral hit" out of a track that made the "untrue claim that Drake is a convicted predator, and to suggest that the audience should turn to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "filled with vulgar language, insults, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had used similar language, referencing a lyric in which the artist "strongly" implied that "Lamar is a domestic abuser", and another where Drake "claims that he 'heard' that one of Lamar's children may not be biologically his."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of slurs, passionate language or hyperbole."
Reacting to the rejection, a UMG spokesperson said: "From the outset, this case was an affront to every creative and their artistic freedom and never should have been filed."
"We are satisfied with the judge’s ruling and look forward to resuming our work successfully promoting the artist’s work and supporting his career," the spokesperson added.
A representative for the musician said the rapper planned to contest the decision, "and we look forward to the appellate court reviewing it".
Lamar has yet to comment on the legal matter.