Judge Dismisses Rapper Drake's Lawsuit Over Kendrick Lamar's Diss Track

Drake and Kendrick Lamar

A court official has thrown out Drake's defamation lawsuit targeting the music corporation over Kendrick Lamar’s song Not Like Us.

Judge Jeannette Vargas ruled that Lamar's song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.

Drake filed the legal action in early this year, accusing Universal Music Group, the music company behind both artists, of defamation by allowing the song to be published and promoted, stating it spread a "untrue and harmful story".

The artist’s representative said he intended to challenge the decision. Universal Music Group expressed it was satisfied with the result and was eager 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 decisive blow 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-talked about 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 infamous rap battle in the genre's history".

"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of substantial media scrutiny and digital debate," the judge noted.
Kendrick Lamar performing
The rapper performed his hit song during the Super Bowl performance in New Orleans, Louisiana.

"Although the claim that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims hurled by both participants, would not incline the average audience to believe that 'the track' conveys verifiable facts about the claimant."

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

On the song his own release, the rapper used the AI-generated voice of the late rapper to suggest strategies on how to win the rap battle.

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

"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.

"The parallel in the wording strongly indicates that this lyric is a clear reference to the artist’s own words in the earlier release."

'An Affront to Artists'

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

His legal team accused UMG of initiating "a campaign to create a popular song" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to imply that the audience should turn to vigilante justice in response".

Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "replete with profanity, insults, violent implications, and figurative and hyperbolic language."

She pointed out that the rapper himself had engaged in similar language, quoting a line in which the artist "strongly" suggested that "his opponent is a domestic abuser", and another where he "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."

Concerning the track in question, the court said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of epithets, passionate language or exaggeration."

Responding to the dismissal, a label spokesperson said: "From the outset, this lawsuit was an affront to every creative and their creative expression and never should have seen the light of day."

"We are satisfied with the court's dismissal and look forward to continuing our work successfully promoting the artist’s work and investing in his artistic path," the spokesperson added.

A spokesperson for the musician said the artist planned to appeal the ruling, "and we look forward to the Court of Appeals examining it".

Lamar has yet to comment on the legal matter.

Holly Brown
Holly Brown

A dedicated esports journalist with over a decade of experience covering major tournaments and gaming culture.