Judge Rules Lamar’s Lyrics Fall Under Protected Artistic Expression
A federal judge has thrown out Drake’s defamation lawsuit against Universal Music Group, ruling that the incendiary lyrics in Kendrick Lamar’s viral diss track “Not Like Us” were “opinion” rather than statements of fact.
Judge Jeannette A. Vargas called the case a product of “perhaps the most infamous rap battle in the genre’s history,” citing the heated lyrical feud between the two hip-hop titans that exploded in spring 2024. The ruling stated that while Lamar’s lyrics explicitly labeled Drake a pedophile, no reasonable listener would believe the track was “conveying objective facts” about the Canadian superstar.
“Although the accusation that Plaintiff is a pedophile is certainly a serious one,” Vargas wrote, “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.”
Drake Plans to Appeal as UMG Declares Victory
Drake’s attorneys quickly announced plans to appeal the decision, saying they look forward to having the ruling reviewed by the Court of Appeals. Filed in January, the lawsuit accused UMG—parent label to both artists—of intentionally publishing and promoting “Not Like Us” despite knowing it contained false allegations and incited “vigilante justice.” The rapper also blamed the song for attempted break-ins and the shooting of a security guard at his Toronto home.
The song’s cover art, featuring an aerial image of Drake’s mansion overlaid with fake sex offender markers, was described by Vargas as “obviously exaggerated and doctored.” She wrote that “no reasonable person” would interpret it as depicting actual law enforcement data.
UMG applauded the dismissal, calling the suit “an affront to all artists and their creative expression.” In a statement, the label said, “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.”
From “Push Ups” to “Not Like Us”: The Rap Battle That Shook Hip-Hop
The ruling recapped how Drake’s April 2024 track “Push Ups” mocked Lamar’s height, shoe size, and success, prompting Lamar’s biting comeback “Euphoria.” That escalation led to “Not Like Us,” which Vargas described as “replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language—all indicia of opinion.”
The judge concluded that “the average listener does not think a diss track is the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content.” Instead, she wrote, Lamar’s lyrics were “hyperbolic vituperations” typical of rap’s combative artistry.
Released in May 2024, “Not Like Us” became one of the year’s biggest songs—winning Record of the Year and Song of the Year at the Grammys and featuring prominently in Lamar’s Super Bowl LVIX halftime show performance.
