Court Throws Out Drake's Lawsuit Over Kendrick Lamar’s Hit Not Like Us
A court official has thrown out the rapper Drake’s defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his associates of being "pedophiles", were "protected opinion" and could not be considered defamatory.
The Canadian rapper filed the legal action in January, accusing UMG, the music company representing both artists, of defamatory conduct by permitting the song to be published and promoted, saying it spread a "untrue and harmful story".
Drake's representative said he planned to appeal the ruling. UMG expressed it was pleased with the outcome and was eager to continuing its work with the rapper.
Context of the Rap Battle
Not Like Us, which was initially released in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.
It has become the biggest hit of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a 38-page order, the judge called the row 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 substantial media scrutiny and online discourse," the judge noted.
"Although the accusation that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by both participants, would not lead the average audience to believe that 'Not Like Us' conveys verifiable facts about the claimant."
She additionally observed that, in an earlier song, Drake had "dared Lamar to make the paedophilia accusations" that featured in the diss record.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of the late rapper to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Graham, did not sue his rival in the legal filing.
His legal team accused UMG of launching "an effort to create a viral hit" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".
Deciding against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had used similar language, quoting a line in which the star "heavily" implied that "Lamar is a spouse beater", and a separate instance where he "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."
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, heated labour dispute, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or exaggeration."
Reacting to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an insult to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work successfully promoting Drake's music and supporting his career," the representative added.
A spokesperson for the musician said the artist planned to appeal the decision, "and we await the Court of Appeals reviewing it".
Lamar has not yet issue a statement on the legal matter.