Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us

Drake and Kendrick Lamar

A court official has dismissed Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar's song the diss record.

Presiding Judge Jeannette Vargas ruled that the rapper’s lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed libelous.

The Canadian rapper submitted the legal action in January, accusing Universal Music Group, the record label behind both artists, of defamation by permitting the song to be published and marketed, saying it disseminated a "untrue and harmful story".

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

Background of the Hip-Hop Feud

The diss song, which was first dropped in May 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.

It has become the biggest hit of Lamar's career, 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 artists "the most notorious hip-hop feud in the history of rap music".

"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and digital debate," the judge noted.
Kendrick Lamar performing
The rapper performed Not Like Us at the Super Bowl performance in New Orleans, Louisiana.

"Although the accusation that plaintiff is a pedophile is certainly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."

She also noted that, in an previous track, Drake had "dared his rival to make the paedophilia accusations" that featured in the diss record.

On the track Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.

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

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

"The parallel in the phrasing strongly indicates that this line is a direct callback to the artist’s own words in the earlier release."

'An Affront to Artists'

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

His legal team accused the label of initiating "an effort 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 audience should resort to vigilante justice in response".

Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."

She pointed out that the rapper himself had engaged in similar language, referencing a line in which the star "heavily" implied that "Lamar is a domestic abuser", and another where he "claims that he 'heard' that one of his rival’s sons may not be biologically his."

Regarding Lamar's song, the court said: "Even seemingly factual claims may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an listener may anticipate the use of slurs, passionate language or hyperbole."

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

"We're pleased with the judge’s ruling and are eager to continuing our work effectively promoting the artist’s work and supporting his artistic path," the spokesperson continued.

A representative for Drake said the artist planned to contest the decision, "and we look forward to the appellate court examining it".

Kendrick Lamar has not yet comment on the case.

Alexis Clark
Alexis Clark

Lena Schmidt is a Berlin-based journalist and political analyst with over a decade of experience covering European affairs.