🔗 Share this article

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

Presiding Judge Jeannette Vargas determined that the rapper’s lyrics, which accused the artist and his associates of being "certified paedophiles", were "protected opinion" and cannot be considered libelous.

Drake filed the lawsuit in January, claiming Universal Music Group, the music company representing both artists, of defamation by permitting the track to be released and promoted, saying it disseminated a "false and malicious narrative".

Drake's spokesperson stated he intended to appeal the decision. Universal Music Group expressed it was pleased with the result and was eager to continuing its work with the rapper.

Context of the Hip-Hop Feud

The diss song, which was initially released in May 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.

It has emerged as the most successful track of the rapper’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, Judge Vargas called the row between the rappers "the most infamous rap battle in the genre's history".

"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of extensive press coverage and online discourse," the judge noted.

"Although the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, would not incline the average audience to believe that 'the track' imparts verifiable facts about plaintiff."

She also noted that, in an earlier song, the artist had "challenged Lamar to make the pedophile claims" that featured in Not Like Us.

On the track his own release, the rapper used the synthetic vocals 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 proposed.

"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.

"The similarity in the phrasing suggests strongly that this line is a clear reference to Drake's lyrics in the prior song."

'An Affront to Artists'

Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.

His legal team alleged UMG of initiating "a campaign to generate a popular song" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to imply that the public should turn to extra-legal action in retaliation".

Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."

She highlighted that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "heavily" suggested that "his opponent is a domestic abuser", and another where Drake "claims that he 'heard' that one of his rival’s sons may not be biologically his."

Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."

Reacting to the rejection, a label representative said: "From the beginning, this lawsuit was an affront to all artists and their artistic freedom and never should have seen the light of day."

"We are satisfied with the court's dismissal and look forward to continuing our partnership effectively promoting the artist’s work and supporting his artistic path," the spokesperson continued.

A spokesperson for Drake said the artist intended to appeal the decision, "and we look forward to the Court of Appeals reviewing it".

Kendrick Lamar has yet to comment on the case.