We previously reported on Elon Musk’s lawsuit brought last year against Media Matters: Elon Musk (X Corp fka Twitter) Sues Media Matters, Alleges “Systematically Manipulated the X User Experience to Defame X.
The lawsuit, brought by Musk and X, alleges that “Media Matters knowingly and maliciously manufactured side-by-side images depicting advertisers’ posts on X Corp.’s social media platform beside Neo-Nazi and white-nationalist fringe content and then portrayed these manufactured images as if they were what typical X users experience on the platform. Media Matters designed both these images and its resulting media strategy to drive advertisers from the platform and destroy X Corp.” You can review the full Complaint here.
Professor Jacobson, in our previous post, analyzed the case thusly:
One important part of the complaint is that it puts in issue Media Matters’ longstanding tactic and business model of targeting advertisers…This could give X discovery not just of what Media Matters did here, but its other efforts to attack advertisers at other platforms because Media Matters disagreed with their politics.Keep in mind this case is in Texas. Think about how a Texas jury will feel if X is able to prove its allegations.Did Media Matters engage in this subterfuge and fraud? Obviously that verdict will work itself out in court, but it would not surprise me in the least, having covered Media Matters for over a decade. Founded originally by the toxic David Brock, with an infusion of cash from George Soros, Media Matters has poisoned our politics as much as anyone else. They are bullies who found a weak spot in the conservative media armor, that advertisers were afraid of controversy, so all Media Matters needed to do is put advertisers in the hot seat and they would flee.
As usually happens in federal court, the Defendant, in this case Media Matters, tries to find grounds to file an early “Motion to Dismiss,” hoping to get the whole case thrown out before the lawyers’ fees start approaching 6 figures, or more, sometimes lots more. Media Matters did, in fact, file a Motion to Dismiss, but a federal judge just denied it.
From Reuters: Media Matters must face X’s lawsuit over report about ads next to extremist posts:
A federal judge in Texas has refused to dismiss a lawsuit by Elon Musk’s social media company X accusing watchdog Media Matters of disparaging the platform in a report that said the site had placed ads for major brands next to extremist content.In a Thursday decision, U.S. District Judge Reed O’Connor in Fort Worth said X could pursue, opens new tab federal claims that Media Matters “knowingly and maliciously fabricated side-by-side images” of major advertisers next to neo-Nazi content, driving some companies to stop or pause their spend on the site.O’Connor rejected Media Matter’s arguments for dismissal, including that it can’t be liable for business disparagement by reporting truthful statements. O’Connor said X had sufficiently alleged that Media Matters had acted with “actual malice” based on statements criticizing the platform…The Media Matters report at the center of X’s lawsuit was published online in November. The organization said it found advertisements by IBM, Apple, Oracle and Comcast’s Xfinity placed alongside posts touting Adolf Hitler and the Nazi party.X sued Media Matters in November in federal court in Fort Worth…The lawsuit alleged the Media Matters report was published “with the intention of harming X and its business.”
Looks like Professor Jacobson’s prediction of Media Matters facing discovery, not only about its work to destroy X but also other platforms amenable to conservatives, is about to come true. In fact, in June the Court set the following schedule, which is now on track: “the Court MODIFIES the schedule in this matter as follows: Discovery due by 12/31/2024. Deadline for mediation is on or before 11/27/2024. Motions due by 12/9/2024. Pretrial Order due by 3/13/2025. Jury Trial set for 4/7/2025.” [emphasis added]
X is there for it:
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