🔗 Share this article

A judge has thrown out Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar’s song Not Like Us.

Judge Jeannette Vargas determined that Lamar's lyrics, which accused the artist and his associates of being "pedophiles", were "protected opinion" and cannot be considered defamatory.

The Canadian rapper filed the legal action in January, accusing UMG, the music company representing the two rappers, of defamation by allowing the song to be released and promoted, stating it spread a "false and malicious narrative".

The artist’s spokesperson stated he intended to appeal the decision. UMG said it was satisfied with the outcome and was looking forward to continuing its work with the rapper.

Context of the Rap Battle

The diss song, which was first dropped in spring 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.

It has become the biggest hit of the rapper’s career, having won five Grammys and being one of the most-discussed moments of his Super Bowl performance in February.

In a detailed ruling, the judge called the row between the artists "the most infamous rap battle in the genre's history".

"The artists' series of diss tracks was a 'war of words' that was the subject of extensive press coverage and digital debate," the judge noted.

"While the accusation that plaintiff is a child predator is undoubtedly a serious one, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by each artist, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."

She additionally observed that, in an previous track, the artist had "challenged his rival to make the paedophilia accusations" that featured in Not Like Us.

On the song Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to give Lamar advice on how to win the rap battle.

"Suggest he has a preference for minors, consider that a tip," the track proposed.

"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.

"The similarity in the wording strongly indicates that this lyric is a direct callback 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 name his rival in the legal filing.

His lawyers alleged the label of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to imply that the public should resort to extra-legal action in retaliation".

Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with vulgar language, insults, violent implications, and exaggerated statements."

She highlighted that the rapper himself had used comparable rhetoric, referencing a lyric in which the star "heavily" implied that "his opponent is a spouse beater", and a separate instance where he "raps that he 'was told' that one of his rival’s sons may not be biologically his."

Concerning Lamar's song, the court said: "Although apparent statements of fact may assume the character of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an audience may anticipate the use of epithets, passionate language or hyperbole."

Responding to the dismissal, a label spokesperson said: "From the outset, this lawsuit was an insult to all artists and their creative expression and should not have been filed."

"We are satisfied with the judge’s ruling and look forward to continuing our work successfully marketing Drake's music and investing in his career," the representative continued.

A spokesperson for Drake said the rapper intended to appeal the ruling, "and we await the appellate court examining it".

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