Judge Throws Out Drake's Lawsuit Regarding Kendrick Lamar's Not Like Us

Drake and Kendrick Lamar

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

Judge the court’s judge determined that the rapper’s lyrics, which claimed the artist and his crew of being "pedophiles", were "protected opinion" and could not be deemed defamatory.

Drake submitted the lawsuit in January, claiming UMG, the record label behind the two rappers, of defamation by allowing the song to be released and promoted, saying it spread a "untrue and harmful story".

Drake's representative said he planned to challenge the decision. Universal Music Group expressed it was pleased with the result and was eager to resuming its collaboration with the musician.

Background of the Rap Battle

The diss song, which was first dropped in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.

It has emerged as the biggest hit of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.

In a 38-page order, 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 court noted.
Kendrick Lamar performing
Kendrick Lamar performed his hit song during the Super Bowl performance in New Orleans, Louisiana.

"While the claim that Drake is a child predator is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about the claimant."

She also noted that, in an earlier song, Drake had "challenged his rival to make the paedophilia accusations" that appeared in the diss record.

On the song Taylor Made Freestyle, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to prevail in the feud.

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

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

"The similarity in the phrasing strongly indicates that this lyric is a clear reference to the artist’s own words in the prior song."

'An Affront to Artists'

Drake, whose real name is Aubrey Graham, did not sue Lamar in the lawsuit.

His lawyers accused UMG of launching "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".

Deciding against the plaintiff, the judge said listeners would not expect "truthful accounts" from a musical attack "filled with vulgar language, insults, violent implications, and exaggerated statements."

She highlighted that Drake himself had used comparable rhetoric, quoting a line in which the artist "heavily" implied that "Lamar is a spouse beater", and another where he "raps that he 'was told' that one of Lamar's children may not be his biological offspring."

Regarding the track in question, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an audience may anticipate the use of epithets, fiery rhetoric or exaggeration."

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

"We're pleased with the judge’s ruling and look forward to resuming our partnership successfully marketing Drake's music and supporting his artistic path," the spokesperson added.

A spokesperson for Drake said the rapper planned to contest the decision, "and we await the appellate court examining it".

Lamar has yet to issue a statement on the case.

Jessica Jackson
Jessica Jackson

Marlon Vance is a tech strategist with over 15 years of experience in IT consulting, specializing in cloud solutions and digital innovation.