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Judge tosses out X lawsuit against hate-speech researchers, saying Elon Musk tried to punish critics
A federal judge on Monday dismissed a lawsuit by Elon Musk’s X Corp. against the nonprofit Center for Countering Digital Hate, ruling that the case was about “punishing” the research group for its speech.
The Center for Countering Digital Hate (CCDH) has documented the increase in hate speech on the site since it was acquired by the Tesla owner in 2022. X, formerly known as Twitter, sued the nonprofit last year, claiming the center’s researchers violated the site’s terms of service by improperly compiling public tweets.
X argued that the CCDH’s reports on the rise of hate speech on the service had cost it millions of dollars when advertisers fled. On Monday, U.S. District Court Judge Charles Breyer dismissed the suit, writing in his order that it was “unabashedly and vociferously about one thing” — punishing the nonprofit for its speech.
In a statement posted to X, the social media platform said it “disagrees with the court’s decision and plans to appeal.”
It’s not the only time Musk’s X has sued after a group flagged issues with hate speech on the social media platform.
Last November, several big advertisers including IBM, NBCUniversal and its parent company Comcast, said that they stopped advertising on X after a report from the liberal advocacy group Media Matters said their ads were appearing alongside material praising Nazis. The report proved to be yet another setback as X sought to win back big brands and their ad dollars, X’s main source of revenue.
In November, X sued Media Matters, alleging that the group was trying to “drive advertisers from the platform and destroy X Corp.”
Later that month, Musk went on an expletive-ridden rant in response to advertisers that halted spending on X in response to antisemitic and other hateful material, saying they are are engaging in “blackmail” and, using a profanity, essentially told them to go away.
Seeking millions from CCDH
In suing the CCDH, X had sought millions of dollars in damages from group, arguing that the nonprofit’s reports led to the exodus of advertisers and the loss of ad revenue.
But the judge agreed with CCDH’s argument saying X cannot seek damages for the independent acts of third parties based on CCDH’s reports, or its “speech.”
X had also alleged that the CCDH had “scraped” its site for data, which is against its terms of service. But the judge found that X failed to “allege losses based on technological harms” — that is, the company didn’t show how the scraping led to financial losses for X.
The center is a nonprofit with offices in the U.S. and United Kingdom. It regularly publishes reports on hate speech, extremism or harmful behavior on social media platforms like X, TikTok or Facebook. The organization has published several reports critical of Musk’s leadership, detailing a rise in anti-LGBTQ hate speech as well as climate misinformation since his purchase.
“Hypocritical campaign of harassment”
Imran Ahmed, the center’s founder and CEO, said the lawsuit amounted to a “hypocritical campaign of harassment” by a billionaire who talks about protecting free speech but who then uses his wealth to try to silence his critics. He said the lawsuit shows the need for a federal law requiring tech companies to release more information about their operations, so that the public can understand how these powerful platforms are shaping society.
“We hope this landmark ruling will embolden public-interest researchers everywhere to continue, and even intensify, their vital work of holding social media companies accountable for the hate and disinformation they host and the harm they cause,” said Ahmed.
Roberta Kaplan, the center’s attorney, said the dismissal of X’s suit shows “even the wealthiest man cannot bend the rule of law to his will.”
“We are living in an age of bullies, and it’s social media that gives them the power that they have today,” Kaplan said in an email to reporters. “It takes great courage to stand up to these bullies; it takes an organization like the Center for Countering Digital Hate. We are proud and honored to represent CCDH.”
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California Gov. Gavin Newsom vetoed a bill Saturday that would have required new cars to beep at drivers if they exceed the speed limit in an effort to reduce traffic deaths.
California would have become the first to require such systems for all new cars, trucks and buses sold in the state starting in 2030. The bill would have mandated that vehicles beep at drivers when they exceed the speed limit by at least 10 mph.
The European Union has passed similar legislation to encourage drivers to slow down. California’s proposal would have provided exceptions for emergency vehicles, motorcycles and motorized scooters.
In explaining his veto, Newsom said federal law already dictates vehicle safety standards and adding California-specific requirements would create a patchwork of regulations.
The National Highway Traffic Safety “is also actively evaluating intelligent speed assistance systems, and imposing state-level mandates at this time risks disrupting these ongoing federal assessments,” the Democratic governor said.
Opponents, including automotive groups and the state Chamber of Commerce, said such regulations should be decided by the federal government, which earlier this year established new requirements for automatic emergency braking to curb traffic deaths. Republican lawmakers also said the proposal could make cars more expensive and distract drivers.
The legislation would have likely impacted all new car sales in the U.S., since the California market is so large that car manufacturers would likely just make all of their vehicles comply.
California often throws that weight around to influence national and even international policy. The state has set its own emission standards for cars for decades, rules that more than a dozen other states have also adopted. And when California announced it would eventually ban the sale of new gas-powered cars, major automakers soon followed with their own announcement to phase out fossil-fuel vehicles.
Democratic state Sen. Scott Wiener, who sponsored the bill, called the veto disappointing and a setback for street safety.
“California should have led on this crisis as Wisconsin did in passing the first seatbelt mandate in 1961,” Wiener said in a statement. “Instead, this veto resigns Californians to a completely unnecessary risk of fatality.”
The speeding alert technology, known as intelligent speed assistance, uses GPS to compare a vehicle’s pace with a dataset of posted limits. If the car is at least 10 mph over, the system emits a single, brief, visual and audio alert.
The proposal would have required the state to maintain a list of posted speed limits, and it’s likely that those would not include local roads or recent changes in speed limits, resulting in conflicts.
The technology has been used in the U.S. and Europe for years. Starting in July, the European Union will require all new cars to have the technology, although drivers would be able to turn it off. At least 18 manufacturers including Ford, BMW, Mercedes-Benz and Nissan, have already offered some form of speed limiters on some models sold in America, according to the National Transportation Safety Board.
The National Highway and Traffic Safety Administration estimates that 10% of all car crashes reported to police in 2021 were related to speeding. This was especially a problem in California, where 35% of traffic fatalities were speeding-related — the second highest in the country, according to a legislative analysis of the proposal.
Last year the NTSB recommended federal regulators require all new cars to alert drivers when they speed. Their recommendation came after a crash in January 2022, when a man with a history of speeding violations ran a red light at more than 100 mph and struck a minivan, killing himself and eight other people.
