A federal judge in Manhattan on Thursday dismissed superstar rapper Drake's defamation lawsuit over Kendrick Lamar's diss track "Not Like Us" against Universal Music Group, which releases both artists' music.
U.S. District Judge Jeannette Vargas said Lamar's lyrics accusing Drake of being a pedophile were not defamatory because they were "nonactionable opinion."
"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," Vargas said.
A spokesperson for Drake said on Friday that he intends to appeal the decision.
UMG said it was pleased by the dismissal.
"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.
The company said it looked forward to "continuing our work successfully promoting Drake's music and investing in his career."
Lamar and Drake, whose given name is Aubrey Drake Graham, have been engaged in a long-running feud with several high-profile diss tracks against each other. Drake sued UMG in January based on its promotion of "Not Like Us," arguing the song's false accusation that the Canadian rapper is a pedophile put him and his family in danger.
Music industry publications have said Drake did not sue Lamar directly because the First Amendment of the U.S. Constitution offers strong protections for individual creative expression. Drake argued UMG was responsible for distributing and profiting from the song.
"Not Like Us" won Grammy Awards in February for record and song of the year. It spent two weeks at the top of Billboard's Hot 100 in 2024 and another week at No. 1 after Lamar performed it at this year's Super Bowl halftime show.
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