By LARRY NEUMEISTER and ANDREW DALTON, Associated Press
NEW YORK (AP) — A defamation lawsuit that Drake brought against Universal Music Group was tossed out Thursday by a federal judge who said lyrics branding the superstar as a pedophile in Kendrick Lamar’s dis track “Not Like Us” were opinion.
Judge Jeannette A. Vargas rejected the suit in a written opinion that began by citing “the vitriolic war of words” that erupted in spring 2024 and saying the case arose “from perhaps the most infamous rap battle in the genre’s history.”
The case stemmed from an epic feud between two of hip-hop’s biggest stars over one of 2024 biggest songs, which won record of the year and song of the year at the Grammys, got the most Apple Music streams worldwide and helped make this year’s Super Bowl halftime show the most watched ever.
Vargas said a reasonable listener could not have concluded that “Not Like Us” was conveying objective facts about Drake.
“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,” Vargas wrote.
Filed in January, the lawsuit alleged that UMG intentionally published and promoted the track despite knowing that it contained false and defamatory pedophilia allegations against Drake and suggested listeners should resort to vigilante justice.
The lawsuit also alleged that the track tarnished his reputation and decreased the value of his brand.
Universal Music Group, the parent record label for both artists, denied the allegations.
“From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day,” UMG said in a statement. “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.”
The judge noted that Drake and Lamar both have recording contracts with UMG.
Lamar was not named in the lawsuit.
There was no immediate response to mails sent to representatives for Drake seeking comment.
“Not Like Us” was released amid a flurry of insult tracks between the artists. Lamar’s song called out the Canadian-born Drake by name and impugned his authenticity, attacking him as “a colonizer” of rap culture who’s “not like us” in Lamar’s home turf of Compton, California, and, more broadly, West Coast rap.
“Not Like Us” also makes insinuations about Drake’s sex life, including, “I hear you like ’em young” — implications that he rejects.
In his lawsuit Drake asserted that the song amounts to “falsely accusing him of being a sex offender, engaging in pedophilic acts” and more.
He also blamed the tune for attempted break-ins and the shooting of a security guard at his Toronto home. The mansion was depicted in an aerial photo in the song’s cover art.
In June the judge heard oral arguments on the request to toss out the lawsuit.
Vargas said in her opinion Thursday that “Not Like Us” “dealt the metaphorical killing blow” in the feud between the two artists.
“The song contains lyrics explicitly accusing Drake of being a pedophile, set to a catchy beat and propulsive bassline. ‘Not Like Us’ went on to become a cultural sensation, achieving immense commercial success and critical acclaim,” she said.
Prior to that, the judge noted as she summarized the back-and-forth insults, Drake mocked Lamar’s height and shoe size and questioned his success in an April 2024 track called “Push Ups,” while Lamar insulted Drake’s fashion sense that same month in “Euphoria.”
From there, Vargas wrote, the insults escalated, becoming “vicious, personal.”
The judge said she considered the forum in which the insults occurred and concluded that the average listener thinks a dis track “is the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content.”
Vargas wrote 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.”
A reasonable listener, she added, “would conclude that Lamar is rapping hyperbolic vituperations.”
Dalton reported from Los Angeles. Associated Press writer Jennifer Peltz in New York contributed.
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