Elon Musk has officially launched a lawsuit against Media Matters in response to the nonprofit’s recent report exposing Twitter/X for placing ads alongside content promoting Adolf Hitler and the Nazi party. The aftermath saw major advertisers, including Disney, Paramount, NBCUniversal, Comcast, and Lionsgate, pulling their ads from the platform.
While the lawsuit was anticipated, the choice of filing it in a Texas federal court raised eyebrows. Musk’s connection to the state, coupled with the unexpected backing from state attorneys general, adds a layer of complexity to the legal showdown.
The filing justifies its Texas location by claiming that Musk’s companies conduct significant business in the state, including maintaining substantial offices. It further asserts that a significant part of the events leading to the claims occurred in Texas due to the presence of Twitter/X’s business and advertising in the district.
Despite Musk teasing the possibility of moving Twitter’s headquarters to Texas last year, this never materialized, and there are no reports of the company’s advertising unit relocating to the state.
Simultaneously, Texas Attorney General Ken Paxton announced an investigation into Media Matters for potential fraudulent activity. Paxton labeled the left-leaning nonprofit as a “radical anti-free speech organization” in a press release, emphasizing a close examination to ensure the public hasn’t been deceived by what he referred to as the schemes of radical left-wing organizations.
Missouri Attorney General Andrew Bailey also joined the fray, stating on Twitter/X that his team is looking into the matter.
Twitter/X and Paxton concede the authenticity of the images presented by Media Matters, showing ads adjacent to pro-Nazi content. However, Twitter/X’s lawsuit alleges that Media Matters manipulated the site’s algorithms to create a false impression of the ads appearing next to inappropriate content. The suit claims that Media Matters followed specific accounts, excessively scrolled and refreshed the site to orchestrate these pairings intentionally, with the goal of damaging Twitter/X’s advertising sales.
The case lands on the desk of District Judge Mark Pittman, appointed by Donald Trump, known for rulings that include blocking President Joe Biden’s student loan forgiveness plan and declaring a Texas law restricting handgun carrying for ages 18 to 20 unconstitutional.
Filing the case in Texas enables it to be heard by the Fifth Circuit Court of Appeals, known for supporting conservative figures who claim censorship. Despite this strategic move, legal experts suggest the case is more of a publicity stunt than a solid legal matter and is unlikely to favor Twitter/X in the long run.
The federal court filing also allows Twitter/X to bypass Texas’s anti-SLAPP law, designed to discourage lawsuits intended to limit speech. The investigation by Paxton’s office adds an ironic twist, considering Paxton himself has faced First Amendment complaints, including accusations from Yelp for attempting to punish the platform and Texas citizens who sued him for blocking them based on critical tweets in 2021.
