A federal judge dismissed Elon Musk’s lawsuit against the Center for Countering Digital Hate (CCDH), a nonprofit that criticized him for the increase in hate speech on his social media platform, X, formerly known as Twitter. The ruling took place on Monday in a San Francisco courtroom.
U.S. District Judge Charles Breyer stated that it was clear Musk’s X Corp had filed the suit against CCDH in response to its critical research, which the judge suggested posed a threat to the platform’s reputation and could potentially deter advertisers.
“X Corp has initiated this case to punish CCDH for its publications that scrutinized X Corp—likely intending to discourage others from engaging in similar critical discourse,” Breyer remarked.
He further noted, “One cannot read the complaint and not recognize that X Corp is significantly more concerned about CCDH’s opinions than its data collection practices.”
X Corp announced its intention to appeal the ruling shortly after the decision was made public.
This outcome represents a setback for Musk, who has often promoted himself as an advocate for free speech. However, since acquiring Twitter for $44 billion in October 2022, he has encountered substantial backlash for terminating numerous employees tasked with monitoring misinformation and for receiving criticism from civil rights organizations regarding the allowance of harmful content on the platform.
Imran Ahmed, CEO of CCDH, emphasized that the ruling reaffirms the organization’s right to hold social media platforms accountable for their internal decisions.
Roberta Kaplan, an attorney representing the nonprofit, remarked that the ruling illustrates Musk’s inability to manipulate legal standards to his advantage.
Musk and his company have faced various lawsuits, including allegations from former Twitter executives who claim that he failed to pay promised severance packages, as well as vendors asserting that they have not received payment for services rendered.
Separately, Tesla, the electric vehicle company led by Musk, has faced multiple lawsuits alleging it permitted workplace harassment; the company has denied these allegations.
X Corp accused CCDH of violating its 2019 user agreement by gathering and selectively using data to produce misleading reports claiming Musk had turned X into a platform for hate speech and extremism. According to a complaint filed by X last July, the nonprofit’s actions were characterized as a “scare campaign” that led to significant financial losses.
X argued that CCDH was operating under Musk’s new policies and was free to leave the platform if dissatisfied with the changes.
While acknowledging that X’s wish to limit criticism was a reasonable business strategy, Breyer stated that the nonprofit could not have anticipated how Musk’s ownership would alter content moderation practices.
The judge also dismissed claims made by X against the European Climate Foundation (ECF), a nonprofit based in the Netherlands, which X accused of colluding with CCDH to illegally collect data.
Nathaniel Bach, a lawyer representing ECF, expressed gratitude over the dismissal of what he termed Musk’s “frivolous” lawsuit.
Musk’s own statements have frequently sparked controversy. In November 2023, he supported an antisemitic post on X that claimed members of the Jewish community were inciting hatred against white individuals, describing the user’s remarks as “the actual truth.” Musk has denied any antisemitic sentiments and attempted to reconcile this image, including visiting the Auschwitz concentration camp in January.
The case is identified as X Corp v. Center for Countering Digital Hate Inc et al, in the U.S. District Court for the Northern District of California, No. 23-03836.
© Thomson Reuters 2024
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