Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has rejected the rapper Drake’s defamation lawsuit targeting the music corporation concerning Kendrick Lamar’s track the diss record.
Presiding Judge the court’s judge decided that Lamar's lyrics, which accused the artist and his crew of being "pedophiles", were "nonactionable opinion" and cannot be considered defamatory.
The Canadian rapper filed the lawsuit in January, accusing Universal Music Group, the record label behind the two rappers, of defamation by permitting the song to be released and promoted, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he planned to appeal the decision. UMG expressed it was pleased with the outcome and was looking forward to continuing its collaboration with the rapper.
Context of the Hip-Hop Feud
The diss song, which was initially released in May 2024, was widely seen as the final strike in an ongoing battle between the competing artists.
It has emerged as the biggest hit of Lamar's career, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court wrote.
"While the claim that plaintiff is a pedophile is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims hurled by both participants, would not incline the reasonable listener 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 Not Like Us.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The parallel in the phrasing suggests strongly that this lyric is a clear reference to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team accused UMG of initiating "an effort to generate a popular song" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the public should resort to vigilante justice in retaliation".
Ruling against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with vulgar language, insults, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used comparable rhetoric, referencing a line in which the artist "strongly" suggested that "his opponent is a spouse beater", and another where Drake "claims that he 'was told' that one of Lamar'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 statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an listener may expect the use of epithets, passionate language or exaggeration."
Responding to the rejection, a label spokesperson said: "From the beginning, this case was an insult to every creative and their artistic freedom and should not have been filed."
"We are satisfied with the court's dismissal and are eager to resuming our partnership effectively marketing Drake's music and supporting his career," the representative continued.
A representative for the musician said the artist planned to appeal the ruling, "and we look forward to the appellate court examining it".
Lamar has yet to issue a statement on the case.