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

Drake and Kendrick Lamar

A judge has thrown out the rapper Drake’s legal claim targeting the music corporation over Kendrick Lamar's track the diss record.

Presiding Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his crew of being "pedophiles", were "nonactionable opinion" and cannot be deemed libelous.

The Canadian rapper filed the legal action in January, accusing Universal Music Group, the music company behind the two rappers, of defamatory conduct by permitting the song to be published and marketed, stating it disseminated a "untrue and harmful story".

Drake's spokesperson stated he planned to appeal the decision. Universal Music Group expressed it was satisfied with the outcome and was eager to resuming its work with the musician.

Context of the Hip-Hop Feud

Not Like Us, which was first dropped in spring 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.

It has become the most successful track of Lamar'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, Judge Vargas called the row between the artists "the most notorious hip-hop feud in the genre's history".

"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the court wrote.
Kendrick Lamar performing
Kendrick Lamar delivered his hit song at the Super Bowl performance in the host city.

"While the claim that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by each artist, would not lead the average audience to believe that 'the track' conveys 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 Not Like Us.

On the song Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to suggest strategies on how to win the rap battle.

"Talk about him likin' young girls, that's a gift from me," the song suggested.

"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.

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

'A Slap in the Face to Creatives'

The musician, whose real name is Aubrey Graham, did not sue Lamar in the lawsuit.

His legal team alleged the label of launching "an effort to create a popular song" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should resort to extra-legal action in retaliation".

Ruling against Drake, the judge said fans would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."

She highlighted that Drake himself had used comparable rhetoric, quoting a lyric in which the star "strongly" suggested that "Lamar is a domestic abuser", and a separate instance where he "raps that he 'was told' that one of Lamar's sons may not be his biological offspring."

Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, passionate language or hyperbole."

Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and should not have been filed."

"We are satisfied with the judge’s ruling and are eager to continuing our work effectively marketing Drake's music and supporting his artistic path," the spokesperson continued.

A representative for the musician said the artist intended to contest the decision, "and we look forward to the appellate court reviewing it".

Lamar has not yet comment on the case.

James Hernandez
James Hernandez

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