Musk Gets Anti-Slapped

From the Institute of Free Speech

Six months ago, we told you Elon Musk was gonna get anti-slapped and that’s just what happened Monday when a federal district court judge dismissed his state and federal claims against the Center for Countering Digital Hate. That is the exempt advocacy organization concerned with online stochastic terrorism.  It put out reports concluding that the platform formerly known as “Twitter” hosts and profits from hate speech and that the practice increased after Musk bought the platform.  Musk sued, claiming breach of contract and some other ridiculous causes of action.  I guess when you have billions you can afford frivolous lawsuits.  The judge made a lot of the fact that Musk didn’t bring a defamation action, even suggesting that the reason is because truth is an absolute defense.  The judge said Musk’ complaint was a defamation action masquerading as a contract claim.  All by way of concluding that the suit was nothing more than an effort to slapp CCDH’s mouth shut.  The complaint is so hopelessly irredeemable, according to the Court, that it was dismissed without leave to amend (as is apparently the norm).  Here is the opinion’s very first paragraph:

Sometimes it is unclear what is driving a litigation, and only by reading between the lines of a complaint can one attempt to surmise a plaintiff’s true purpose. Other times, a complaint is so unabashedly and vociferously about one thing that there can be no mistaking that purpose. This case represents the latter circumstance. This case is about punishing the Defendants for their speech.  

Here is what CCDH said on its blog:

1. Today the nonprofit research organization the Center for Countering Digital Hate (CCDH) won dismissal of all counts in a SLAPP suit brought by Elon Musk and X (formerly Twitter).

2. Musk filed the lawsuit in July 2023 in a brazen attempt to intimidate and censor CCDH over its reporting of hate speech and misinformation on X.

3. CCDH said the ruling by the Honorable Charles R. Breyer ‘sent a strong message about seeking to censor those who criticize social media companies, which we are confident will resonate throughout Silicon Valley and beyond.’

4. CCDH was represented by Roberta Kaplan, the renowned attorney who won an $83.3m defamation case against Donald Trump on behalf of E. Jean Carroll.

5. Nonprofit also called for federal transparency legislation ‘to protect the public’s right to know about the platforms that shape public discourse and democracy.

Many exempt organizations exists to advocate positions on issues of public importance.  In their best iterations, those organizations educate and enlighten. Even the jerks I disagree with lend vibrancy and voice to our democracy.  Anti-Slapp statutes are a good thing.  

darryll k. jones