Court Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A judge has thrown out the rapper Drake’s legal claim targeting the music corporation over Kendrick Lamar's song the diss record.
Presiding Judge the court’s judge ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "pedophiles", were "protected opinion" and could not be deemed libelous.
Drake filed the legal action in early this year, claiming Universal Music Group, the record label representing both artists, of defamatory conduct by permitting the song to be released and promoted, stating it disseminated a "false and malicious narrative".
The artist’s representative stated he intended to challenge the ruling. Universal Music Group said it was pleased with the outcome and was looking forward to resuming its work with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in spring 2024, was widely seen as the final strike in an continuing feud between the rival rappers.
It has become the most successful track of Lamar's career, having received 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 artists "the most infamous rap battle in the history of rap music".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and online discourse," the judge wrote.
"Although the claim that Drake is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with provocative remarks and insulting claims exchanged by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts truthful statements about plaintiff."
She additionally observed that, in an earlier song, Drake had "dared his rival to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of the late rapper to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The similarity in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not sue Lamar in the legal filing.
His legal team alleged the label of initiating "a campaign to create a popular song" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the audience should turn to vigilante justice in retaliation".
Ruling against Drake, the judge said fans would not expect "truthful accounts" from a diss track "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, referencing a line in which the star "heavily" suggested that "his opponent is a spouse beater", and another where he "claims that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning Lamar's song, the court said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an audience may expect the use of slurs, passionate language or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the outset, this case was an insult to all artists and their artistic freedom and never should have been filed."
"We are satisfied with the court's dismissal and are eager to continuing our partnership effectively marketing the artist’s work and investing in his career," the spokesperson continued.
A spokesperson for Drake said the rapper intended to appeal the decision, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the case.