Title: Judge Skeptically Questions Elon Musk’s X Corporation’s Lawsuit Against Hate Speech Researchers
The legal performance between Elon Musk’s X Corporation and the Center for Countering Digital Hate (CCDH) faced a setback on Thursday as U.S. District Judge Charles Breyer expressed doubts about many of X’s allegations in the case. The lawsuit, seen as a significant test for third parties investigating contact platforms and holding them accountable, has generated controversy regarding Musk’s stance on free speech and his critics on Twitter.
The San Francisco federal court hearing revealed the judge’s skepticism towards X’s claims, which accuse CCDH of violating Twitter’s terms of service and hacking in response to research criticizing X’s handling of hate speech content. The lawsuit also alleges that CCDH’s reports, which highlight the prevalence of hateful content on the platform, have exacerbated brand safety concerns and driven advertisers away.
During the hearing, Judge Breyer questioned X’s attorney, Jonathan Hawk, about the company’s failure to meet a crucial legal threshold for asserting damages and its disregard of an opportunity to file a defamation case.
Judge Breyer emphasized that, for X to collect any damages from CCDH’s alleged terms of service violations, the company must prove that CCDH could have anticipated Twitter’s policy shift to allow “neo-Nazi, white supremacist, misogynist, and spreaders of dangerous conspiracy theories” back onto the site. The judge pressed Hawk for evidence supporting this claim.
Hawk argued that users agree to changes in Twitter’s terms of service by continuing to use the platform after updates. However, Judge Breyer was unimpressed with this argument, deeming it a weak extension of the law and unlikely to succeed for X.
Judge Breyer’s remarks highlighted potential weaknesses in X’s complaint, including the apparent failure to allege a breach of contract. The judge also questioned whether CCDH could have foreseen Twitter’s policy change at the time they entered the terms of service, given that such a shift seemed contrary to the platform’s earlier stance on hate speech.
These developments in the case have significant implications for Musk and X Corporation, as well as the broader debate surrounding contact platforms, free speech, and accountability. The outcome of this lawsuit may set a precedent for how third parties can conduct research on these issues and address the challenges they encounter in the process.
