21 November 2023

Not a Lawyer

But when someone mocks stupid legal moves, I find it amusing.

Mike Masnick, who as the founder and owner Techdirt has had his share of experience with abusive litigation, having spent years fighting a SLAPP suit from a delusional tech bro who claimed to have invented email, has the best take-down of Elon Musk's delusional lawsuit against Media Matters for reporting that ads were showing up next to Nazi posts.  (Ars Technica should also get a shout out for describing the suit as, "Claiming Media Matters manipulated X by scrolling down.")

The high points of Mr. Masnick's analysis:

  • The suit was filed in the Northern District of Texas, despite the fact that Ecch (Twitter) is incorporated in Nevada, does business in California, and Media Matters is in DC.
    • Then again, they got a Trump judge, so following the law is not a certainty here.
  • The filing explicitly states that the ads actually were shown along with post from white supremacists, Nazis, and other Elon fanboi.
    • They are claiming malice because Media Matters created accounts and followed white supremacists, Nazis, and other Elon fanboi. 
    • Given that many of the aforementioned white supremacists, Nazis, and other Elon fanboi have purchased blue checks and as a result have their post monetized, it is inevitable that ads would appear next to their posts.
  • The lawsuit admits that they are objection how Media Matters objected to the framing and not the facts, which is explicitly protected under numerous precedents, including New York Times Co. v. Sullivan.
  • They admmoit in the filing that other people saw the ads posted next to white supremacists, Nazis, and other Elon fanboi.
  • No actual instance of defamation by Media Matters is actually mentioned.
  • No actual instance of defamation by Media Matters reporter Eric Hananoki, who has also been sued, is actually mentioned.
  • They try to assert that the Media Matters article resulted in advertisers suspending ads with Ecch (Twitter), despite the fact that their flight began the day before, after Musk explicitly endorsed antisemitic white replacement conspiracy theories. (Hell, the f%$#ing WHITE HOUSE condemned Musk's antisemitic posts before the Media Matters article came out)

Read the whole thing.

It is telling that it is NOT one of Musk's white shoe law firms that is handling this.

This does not pass the laugh test.

I'd pay money to see Musk in discovery with Media Matters' lawyers.

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