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

Drake and Kendrick Lamar

A court official has thrown out Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar's track Not Like Us.

Judge the court’s judge decided that Lamar's lyrics, which accused the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed libelous.

The Canadian rapper submitted the lawsuit in January, claiming Universal Music Group, the record label 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 representative said he intended to appeal the ruling. Universal Music Group said it was pleased with the outcome and was eager to resuming its work with the musician.

Context of the Hip-Hop Feud

The diss song, which was first dropped in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.

It has emerged as the most successful track of Lamar's musical journey, having won five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.

In a 38-page order, Judge Vargas called the row between the rappers "the most notorious hip-hop feud 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 court noted.
Kendrick Lamar performing
Kendrick Lamar delivered Not Like Us during the Super Bowl performance in the host city.

"While the accusation that plaintiff is a child predator is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about plaintiff."

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, the rapper used the synthetic vocals of Tupac Shakur to give Lamar advice on how to win the rap battle.

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

"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote the court.

"The parallel in the wording strongly indicates that this line is a clear reference to Drake's lyrics in the earlier release."

'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 alleged the label of initiating "an effort to generate a popular song" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the audience should resort to extra-legal action in response".

Ruling against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, violent implications, and exaggerated statements."

She pointed out that the rapper himself had used comparable rhetoric, quoting a lyric in which the artist "strongly" suggested that "Lamar is a domestic abuser", and another where Drake "claims that he 'was told' that one of his rival’s sons may not be his biological offspring."

Regarding Lamar's song, the court said: "Although seemingly factual claims may take on the nature of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an audience may expect the use of epithets, passionate language or exaggeration."

Responding to the dismissal, a label spokesperson said: "From the outset, this case was an insult to all artists and their artistic freedom and should not have seen the light of day."

"We're pleased with the court's dismissal and look forward to resuming our partnership successfully marketing Drake's music and supporting his artistic path," the spokesperson continued.

A representative for the musician said the rapper planned to contest the decision, "and we await the appellate court reviewing it".

Kendrick Lamar has yet to issue a statement on the legal matter.

Christopher Foster
Christopher Foster

Elara is a design enthusiast and cultural commentator with a passion for minimalist aesthetics and sustainable innovations.