Court dismisses Elon Musk’s legal action against hate speech watchdog in scathing critique

A lawsuit filed by Elon Musk's company, X, against a watchdog group for their critical reports on hate speech on social media was dismissed by a federal judge on Monday. The judge's 52-page order criticized X's lawsuit as being more about punishment than protecting the platform's security and legal rights.

District Judge Charles Breyer, of the US District Court for the Northern District of California, stated in the opening lines of the order that sometimes it is unclear what is driving a litigation. On other occasions, a complaint is so boldly focused on one thing that its purpose is unmistakable.

Judge Breyer further explained that the current case falls into the latter category. It is clearly about punishing the Defendants for their speech.

X filed a lawsuit against the Center for Countering Digital Hate (CCDH), alleging that the organization violated the company's terms of service. The lawsuit was in response to CCDH's study and subsequent publication on hate speech on the platform after Elon Musk took over Twitter in October 2022.

X specifically pointed to CCDH's reports on hate speech prevalence as a factor that increased brand safety concerns and led to a decrease in advertisers on the site. The lawsuit claimed that X suffered significant financial losses, amounting to tens of millions of dollars, due to CCDH's publications.

CCDH, an international non-profit organization with offices in the UK and US, was at the center of the legal dispute with X.

The case has been seen as a test for research and accountability on X due to its potential to harm the watchdog group. Elon Musk has allowed back well-known white supremacists and others to the platform who were banned when it was still called Twitter and publicly traded.

For instance, in December, Musk reinstated the X account of conspiracy theorist Alex Jones. Jones had been sued for $1.5 billion for spreading false theories about a tragic school shooting in Newtown, Connecticut, where 20 children and six educators lost their lives.

On Monday, the judge's ruling showed that Musk's claim of being a "free-speech absolutist" has its limits.

Breyer stated that CCDH's writings about X are definitely a form of exercising their right to free speech. He also acknowledged that the group presented a strong argument that their data scraping from X was actually for newsgathering purposes in support of CCDH's protected rights.

He expressed his concern about X litigating in bad faith and preventing the company from making changes to its breach of contract claim.

The judge pointed out that X Corp's attempt to amend its breach of contract claim seemed to be delaying tactics, causing CCDH to spend more time and money defending itself. He mentioned that allowing X to amend the suit would be inappropriate due to the questionable damages being claimed and the clear motives behind X Corp's actions.

To combat the accusations, CCDH used a California law designed to protect defendants from baseless lawsuits meant to silence their speech. California's law against strategic lawsuits against public participation (SLAPP) is known for being one of the strongest in the country. Justice Breyer stated on Monday that California's anti-SLAPP law prevents plaintiffs like X from bypassing the statute through tactics like making breach of contract claims.

An aerial view shows a newly constructed X sign on the roof of the headquarters of the social media platform previously known as Twitter, in San Francisco, on July 29, 2023. Elon Musk killed off the Twitter logo on July 24, 2023, replacing the world-recognized blue bird with an X sign. Musk and the company's new chief executive Linda Yaccarino announced the rebranding on July 23, 2023.

A new X sign has been installed on the roof of the social media platform's headquarters in San Francisco. Previously known as Twitter, the company made the change on July 24, 2023, replacing the iconic blue bird logo with the X sign. The rebranding was announced by Elon Musk and the new chief executive, Linda Yaccarino, on July 23, 2023. An aerial view captured the new sign on July 29, 2023.

Image Source: Josh Adelson/AFP/Getty Images

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Federal judge mocks Elon Musk’s X lawsuit targeting hate speech researchers

During a hearing in February to discuss CCDH's request to dismiss the case, Justice Breyer criticized X's arguments as "empty" and pointed out that X did not file a defamation claim against the nonprofit. He reiterated his criticism on Monday.

Breyer pointed out that CCDH’s publications were not defamatory. X Corp. has not claimed otherwise. He mentioned that X is seeking significant damages from CCDH without meeting the legal standards for a defamation case.

Imran Ahmed, CEO of CCDH, commented on the judge's dismissal of the lawsuit, stating that it "sends a strong message." In a message on X, he expressed that "@CCDHate has successfully had all claims dismissed against @ElonMusk's @X Corp in their attempt to silence our research. This ruling serves as a powerful message to those who try to intimidate and silence independent research."

Ahmed expressed hope that the significant ruling will inspire public-interest researchers globally to persist and strengthen their essential efforts in holding social media companies responsible for promoting hate and misinformation, and the resulting harm.

On the other hand, X stated on the platform that it does not agree with the court's ruling and intends to challenge it through an appeal.

The company announced that a federal court in San Francisco has made a decision in the case brought by X against the Center for Countering Digital Hate. According to the post, the case involves allegations of illegally obtaining platform data to conduct misleading research. X has expressed disagreement with the court's decision and intends to file an appeal.

Editor's P/S:

The dismissal of Elon Musk's X lawsuit against the watchdog group CCDH is a significant victory for freedom of speech and accountability in the digital age. Judge Breyer's ruling not only highlights the importance of protecting research and journalism from baseless lawsuits but also underscores the limits of Musk's self-proclaimed "free-speech absolutism."

The lawsuit, filed in response to CCDH's critical reports on hate speech on X, was widely seen as an attempt to silence the organization and suppress research that challenged Musk's vision for the platform. However, Judge Breyer's order exposes the lawsuit's true purpose as punishment rather than protection. By dismissing the case, the court has affirmed the right of researchers and journalists to hold social media companies accountable for their role in promoting hate and misinformation.