2 ms·
Unfortunately, Musk filed the suit in a state which has a worse anti-SLAPP law, which makes it harder for him to be forced to pay to defend free speech. Althoug
by jcranmer 3y ago
Unfortunately, Musk filed the suit in a state which has a worse anti-SLAPP law, which makes it harder for him to be forced to pay to defend free speech. Although Media Matters might have a good shot at effecting a change-of-venue by arguing that it should be brought in CA (where eX-Twitter is headquartered) or DC (where Media Matters is located).
Scrolling to causes of action:
> Interference With Contract
Lolnope. How did Media Matters interfere with advertisers' contracts? As I understand it, the advertisers willingly pulled their advertising (which I assume the contracts give them the right to do so). There's no allegation that it was specifically the MM report that caused them to pull the advertising either, so even if you want to view a willful termination of contract as interference, you haven't even plead enough to get there.
> Business Disparagement
Again, lolnope. You concede that the facts are true--you did in fact serve up the ads next to misleading content, and you admit that. Perhaps they are misleading, but when you're trying to argue that "they only demonstrated 5 ad views, so it doesn't count," my sympathy is not with you. And misleading usually isn't enough to get you to disparagement anyways.
> Interference with Prospective Economic Advantage
Hey, here's a claim that actually makes legal sense. But see last bullet point, this isn't going to hold any water.
For someone who claims to be pro-speech, he really seems to not be in favor of speech about him.
- JPKab 3y agoYou clearly didn't read the filing. https://www.documentcloud.org/documents/24172809-x-v-media-matters-complaint-filestamped-1 https://www.documentcloud.org/documents/24172809-x-v-media-m... They followed only Nazis and major advertisers, then hid this fact in their reporting and presented it as a normal, natural user interaction. If it goes through, a Texas jury will rule against MM. What they did is unethical and dishonest. You might find this acceptable, but only because you dislike Elon Musk. Any objective party can see this for what it is. What's to stop me from doing the same to Reddit, FB, TikTok, etc??
- jcranmer 3y ago> You clearly didn't read the filing. I in fact did read the filing. That's why I started with the actual causes of actions. And that's why I can also point out the cases where the lawsuit fails to actually plead necessary elements of their own claims, for example, never actually pleading that Media Matters induced a contract breach. > They followed only Nazis and major advertisers, then hid this fact in their reporting and presented it as a normal, natural user interaction. That doesn't matter. Media Matters said that Twitter would place ads next to extremist content, and Twitter admits--in this lawsuit no less--that it did! But then goes on to argue that it's actually Media Matters who placed those ads, not Twitter (¶25 if you don't believe me) which is kooks. > If it goes through, a Texas jury will rule against MM. >90% odds this suit gets transferred to CA. Why is Twitter filing a lawsuit against another company in a state where neither is incorporated, where none of the actions took place, and where Twitter's ToS doesn't say that lawsuits should be filed? (Well, because it's harder for MM to avail itself of anti-SLAPP in the 5th Circuit that's why). But even once it gets there, or should it not even reach there, it won't survive a motion to dismiss. It does nowhere near the amount of legwork it actually needs to do to substantiate the causes of action it alleges. > You might find this acceptable, but only because you dislike Elon Musk. No. I understand First Amendment jurisprudence and how hard it is for anyone to actually successfully win a lawsuit over disparagement. If the page count in your complaint is not in the triple digits, you probably didn't do sufficient work to actually clear those hurdles. > What's to stop me from doing the same to Reddit, FB, TikTok, etc?? Absolutely nothing. You can thank the First Amendment for that.
- klyrs 3y ago> What's to stop me from doing the same to Reddit, FB, TikTok, etc?? By all means, do it. Please.