He wasn’t bluffing.
After threatening to sue liberal media watchdog Media Matters for America (CNBC, 11/18/23), Twitter’s principal owner Elon Musk did just that, arguing in papers filed in a Texas court that the group “manipulated” data in an effort to “destroy” the social media platform, causing major advertisers to pull back (BBC, 11/20/23).
The world’s richest human was responding to an MMFA report (11/16/23) about Twitter—which Musk has rebranded as X since purchasing the once publicly traded company—and its promotion of far-right, antisemitic content. It said that while “Musk continues his descent into white nationalist and antisemitic conspiracy theories,” the social media network has been “placing ads for major brands like Apple, Bravo (NBCUniversal), IBM, Oracle and Xfinity (Comcast) next to content that touts Adolf Hitler and his Nazi Party.”
Elon Musk (BBC, 11/20/23) promised a “thermonuclear” lawsuit against anyone “who colluded in this fraudulent attack on our company.”
The report came just as the world stood in shock of Musk’s latest outburst of antisemitism: Just before the lawsuit was filed, he “publicly endorsed an antisemitic conspiracy theory popular among white supremacists: that Jewish communities push ‘hatred against whites’” (CNN, 11/17/23). This received widespread condemnation, including from the White House (Reuters, 11/17/23).
A few weeks earlier, the South African–born billionaire had endorsed the “white genocide” conspiracy theory (Mediaite, 10/27/23), a central myth of white supremacy: “They absolutely want your extinction,” he replied to a Twitter user who claimed that the melting down of a statue of Robert E. Lee was proof that “many seek our extinction.” The reported exodus of advertisers from Twitter in such a brief time span has been enormous (AP, 11/18/23).
The AP (11/20/23) reported that Twitter’s lawsuit claims MMFA “manipulated algorithms on the platform to create images of advertisers’ paid posts next to racist, incendiary content,” and that the lawsuit states that the instances of hateful content near such advertisements were “manufactured, inorganic and extraordinarily rare.” (By “manufactured,” Musk means that MMFA got its results by following far-right accounts on Twitter as well as the accounts of Twitter‘s major advertisers.)
Antisemitic vitriol
New York Times (12/2/22): Researchers said “they had never seen such a sharp increase in hate speech, problematic content and formerly banned accounts in such a short period on a mainstream social media platform.”
It isn’t a secret that antisemitic vitriol has increased on the site under Musk’s management (New York Times, 12/2/22; Washington Post, 3/20/23; Vice, 5/18/23). What’s different now is that the MMFA report and the anger toward his last outburst happened as he is losing the business he desperately needs, as the brand has been rapidly tanking since he spent $44 billion to acquire it (Fortune, 5/30/23).
The case was filed in Texas, although Twitter is based in California and MMFA is in Washington, DC. Musk’s choice of venue has everything to do with his right-wing politics and nothing to do with compliance with the law. Fast Company (11/21/23) wrote:
The case has been assigned to District Judge Mark Pittman, a Donald Trump appointee whose previous rulings include blocking President Joe Biden’s student loan forgiveness plan and declaring a Texas law banning people ages 18 to 20 from carrying handguns in public was unconstitutional.
Also, by filing in the state, the case can be heard by the Fifth Circuit Court of Appeals, which has backed several conservative figures who claim they’ve been censored in the past.
MMFA is nevertheless confident that it will win the case; in a statement published by CNBC (11/18/23) before Musk’s suit was filed, Media Matters president Angelo Carusone declared:
Far from the free speech advocate he claims to be, Musk is a bully who threatens meritless lawsuits in an attempt to silence reporting that he even confirmed is accurate. Musk admitted the ads at issue ran alongside the pro-Nazi content we identified. If he does sue us, we will win.
Defamation cases are difficult for the plaintiff to win, especially in the case of someone like Musk, a public figure, who must prove that even false statements against them were intentional lies or made with “reckless disregard for the truth.” Legal experts cited by CNN (11/21/23) characterized the lawsuit as “weak” and “bogus.”
That doesn’t mean that legal fees, hours of working on the case and sleepless nights won’t impact MMFA’s work. In a case like this, a Goliath like Musk doesn’t need to win in court to hamper a David like MMFA, which reports an annual revenue of about $19 million and total assets of $26 million. That’s pennies in comparison to Musk, whose net worth is valued at nearly $200 billion (CBS News, 10/31/23). Mounting legal bills for oligarchs like Musk are as significant as a McDonald’s hamburger.
Rallying call for right
In the topsy-turvy world of the New York Post (11/21/23), billionaires who sue critics of hate speech are champions of free speech.
The suit is also a rallying call for the right, as former Fox News host Megyn Kelly (New York Post, 11/20/23) and the Federalist (11/21/23) are cheerleading the legal action. Greg Gutfeld of Fox News (11/21/23) welcomed the lawsuit, calling MMFA a “hard-left smear machine.” The New York Post editorial board (11/21/23), using Freudian projection, said the suit was a reaction to the liberal determination to “bring down Elon Musk for championing free speech.” Texas Attorney General Ken Paxton, a Republican who fought to overturn the 2020 presidential election (Austin American-Statesman, 5/25/22), said he was opening an investigation into MMFA (The Hill, 11/21/23).
Musk—who is hostile to organized labor (NPR, 3/3/22; Forbes, 12/5/22), who has promoted anti-trans hate on Twitter (San Francisco Chronicle, 12/13/22; Business Insider, 1/2/23; The Nation, 6/23/23) and who backed Republicans in last year’s midterm elections (Politico, 11/7/22)—has become a darling of the right. A billionaire boss with socially conservative views, he has amped up the mythology that social media networks are somehow rigged against the right (Vox, 12/9/22; New York, 12/10/22; Daily Beast, 4/6/23; CNN, 6/6/23), and that his takeover of Twitter will lead to more balance.
What has resulted since his takeover is an unrelenting campaign of censorship. El País (5/24/23) reported that since his takeover, the platform “has approved 83% of censorship requests by authoritarian governments,” and has shown a particular interest in censoring critics of India’s right-wing regime (Intercept, 3/28/23). It has silenced left-wing voices at the behest of “far-right internet trolls” (Intercept, 11/29/22). And in order to silence criticism of Israel–an impulse that is not incompatible with antisemitism–Musk has threatened to suspend users who use the word “decolonization” or the phrase “from the river to the sea,” a reference to the original borders of historic Palestine before the proposed partition and Israel’s eventual founding (Mother Jones, 11/18/23). Journalists on the social media beat have been banned (CNN, 12/17/22; Daily Beast, 4/19/23).
Sinister forces
Media Matters (11/15/23): Musk has reinstated known white nationalists and antisemites on the platform” and “amplified conspiracy theories that were used to push antisemitism.”
MMFA was founded in 2004—in the midst of the “War on Terror” fervor of the George W. Bush years—by former right-wing journalist turned liberal consultant David Brock, who launched it to keep an eye on the rising influence of conservative news and talk shows (New York Times, 5/3/04). Its ongoing criticism of both Musk and corporate media like Fox News (Rolling Stone, 7/28/19) makes it the perfect target for the right. In the paranoid fantasyland of US conservatism, MMFA sits alongside George Soros, Black Lives Matter and Antifa as sinister forces who are out to undermine traditional social hierarchies.
And one can understand why Musk has a personal interest in going after MMFA, as the group (10/5/23, 11/13/23, 11/15/23) has focused on his politics and his administration of the website since he took it over.
I have written for several years about the right’s attempt to use the courts and legislatures to destroy press freedom to suppress reporting and opinions the rich and powerful don’t like (FAIR.org, 3/26/21, 5/25/22, 11/2/22, 3/1/23). The lawsuit sends a warning to reporters and advocates that can be easily interpreted: Musk isn’t just interested in taking over one social media network, but also drowning out the voices of anyone who challenges him. The point of this lawsuit is to intimidate anyone who speaks out against antisemitism, white supremacy and other forms of bigotry.
For those of us who care deeply about free speech and a free press, let’s hope this lawsuit is swiftly tossed out.
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