A federal judge has dismissed the defamation lawsuit filed by Drake against Universal Music Group, ruling that the controversial lyrics in Kendrick Lamar’s diss track ‘Not Like Us’ constitute opinion, not verifiable facts.
The intense rivalry between two of hip-hop’s biggest names exploded in the spring of 2024. This escalating beef saw both artists release a barrage of aggressive tracks, with Lamar’s ‘Not Like Us’ ultimately delivering what Judge Jeannette A. Vargas described in her Thursday opinion as a ‘metaphorical killing blow.’
Despite the track’s explicit accusations, labeling Drake as a pedophile, Judge Vargas concluded that a ‘reasonable listener’ would not interpret ‘Not Like Us’ as presenting objective truths about the Canadian artist.
Judge Vargas stated, ‘Although the accusation that Plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about Plaintiff.’
Following the ruling, Drake’s legal team issued a statement confirming their intent to appeal: ‘We intend to appeal today’s ruling, and we look forward to the Court of Appeals reviewing it.’ Meanwhile, ‘Not Like Us,’ which Judge Vargas praised for its ‘catchy beat and propulsive bassline,’ emerged as one of 2024’s standout hits.
The song secured prestigious awards including Record of the Year and Song of the Year at the Grammys. Its popularity even fueled speculation about whether Lamar would perform it during the Super Bowl halftime show, which ultimately became the most-watched ever. (He did perform it, albeit with modified lyrics.) The track directly names Drake, accusing the Canadian artist of being a ‘coloniser’ of rap culture and making suggestive comments about his private life, like ‘I hear you like ’em young’ – claims Drake vehemently denies.
Filed in January, the lawsuit, which notably did not name Lamar directly, contended that Universal Music Group knowingly published and promoted the track despite its inclusion of false and defamatory statements against Drake. It further alleged that the song encouraged listeners to engage in vigilante justice, ultimately damaging Drake’s reputation and brand value.
Universal Music Group (UMG), the parent label to both artists, vehemently denied these allegations.
In a public statement, UMG asserted, ‘From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day. We’re pleased with the court’s dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career.’
Drake’s lawsuit also connected the song to attempted break-ins and a shooting incident involving a security guard at his Toronto residence.
The song’s cover art featured an aerial photo of Drake’s mansion, overlaid with what Judge Vargas described as ‘more than a dozen sex offender markers.’ She deemed this image ‘obviously exaggerated and doctored,’ writing, ‘No reasonable person would view the Image and believe that in fact law enforcement had designated thirteen residents in Drake’s home as sex offenders.’
In her summary of ‘perhaps the most infamous rap battle in the genre’s history,’ Judge Vargas detailed the escalation. Before ‘Not Like Us,’ Drake had released ‘Push Ups’ in April 2024, a track where he mocked Lamar’s physical attributes and challenged his career achievements. In response, Lamar released ‘Euphoria’ that same month, criticizing Drake’s fashion sense.
From that point, Judge Vargas noted, the insults grew ‘vicious, personal.’ She emphasized that the nature of a diss track, a common medium for such exchanges, implies that an ‘average listener’ would not expect it to be ‘the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content.’
Judge Vargas further elaborated that ‘Not Like Us’ was ‘replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language, all of which are indicia of opinion.’
Ultimately, she concluded that a ‘reasonable listener would conclude that Lamar is rapping hyperbolic vituperations.’