Judge Throws Out Drake's Lawsuit Over Kendrick Lamar's Diss Track
A court official has dismissed Drake's defamation lawsuit against Universal Music Group over Kendrick Lamar's song the diss record.
Presiding Judge the court’s judge ruled that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be considered defamatory.
The Canadian rapper submitted the lawsuit in January, accusing UMG, the music company behind the two rappers, of defamatory conduct by allowing the song to be released and promoted, saying it disseminated a "untrue and harmful story".
Drake's spokesperson said he planned to appeal the ruling. Universal Music Group said it was pleased with the result and was looking forward to continuing its work with the musician.
Background of the Rap Battle
The diss song, which was initially released in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has become the biggest hit of Lamar's musical journey, having won five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of extensive press coverage and online discourse," the court noted.
"While the claim that Drake is a pedophile is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and insulting claims exchanged by each artist, would not lead the average audience to believe that 'Not Like Us' conveys truthful statements about the claimant."
She additionally observed that, in an previous track, Drake had "challenged Lamar to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice 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 suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.
"The parallel in the phrasing strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His lawyers alleged the label of launching "an effort to create a viral hit" out of a release that made the "untrue claim that Drake is a convicted predator, and to suggest that the public should resort to extra-legal action in response".
Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in similar language, quoting a line in which the star "heavily" suggested that "Lamar is a spouse beater", and a separate instance where he "claims that he 'was told' that one of Lamar's children may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Even seemingly factual claims may take on the nature of subjective views... when made in public debate, intense arguments, or other circumstances in which an audience may expect the use of epithets, passionate language or exaggeration."
Responding to the rejection, a UMG spokesperson 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 judge’s ruling and are eager to resuming our work effectively promoting Drake's music and investing in his artistic path," the spokesperson added.
A spokesperson for Drake said the artist planned to appeal the decision, "and we look forward to the Court of Appeals examining it".
Lamar has yet to issue a statement on the case.