Federal judge mocks Elon Musk’s X lawsuit targeting hate speech researchers
CNN - A high-profile lawsuit filed by Elon Musk’s X targeting hate speech researchers appeared to stumble on Thursday as a federal judge sounded a skeptical note on many of the lawsuit’s allegations, suggesting that the company formerly known as Twitter hasn’t done enough to establish its claims.
The judge in the case signaled he may toss out X’s claims but appeared undecided on whether to let the company amend and refile the suit.
The lawsuit by X against the Center for Countering Digital Hate (CCDH), a nonprofit watchdog group, has been viewed as a bellwether for third parties’ ability to study online platforms and to publish research holding them accountable. The case has raised questions about Musk’s claim to be a “free-speech absolutist” and also of his hopes that “even my worst critics remain on Twitter, because that is what free speech means.”
X has accused CCDH of violating the platform’s terms of service and of engaging in illegal hacking in response to research the group published criticizing X’s handling of pro-Nazi and other hateful content. X has also blamed CCDH’s reports, which showcase the prevalence of hate speech on the platform, for amplifying brand safety concerns and driving advertisers away from the site.
But on Thursday in a San Francisco federal court, Senior District Judge Charles Breyer repeatedly interrupted X’s attorney as he pointed out the company failed to clear a key legal threshold to assert damages and that it ignored an opportunity to bring a defamation case.
“You could have brought a defamation case; you didn’t bring a defamation case,” Breyer told X attorney Jonathan Hawk. “And that’s significant. That’s significant.”
The judge’s remarks highlighted perceived weaknesses of X’s complaint including an apparent failure to allege a breach of contract.