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X Lawsuit “Punishing Defendants for Their Speech” Is Thrown Out

Elon Musk’s social media X

A California federal judge has dismissed a lawsuit by Elon Musk's X against a nonprofit dedicated to combating digital hate and misinformation.

The judge, Charles Breyer, in the Northern District of California, ruled the lawsuit aimed to penalize the Center for Countering Digital Hate (CCDH) for its critical publications about X.

The dismissal emphasized the protection of free speech, particularly under California's anti-SLAPP statute.

It guards against lawsuits that look to suppress public participation and commentary on matters of public concern.

In July, X accused CCDH of conducting a "scare campaign" to deter advertisers.

It claimed it was selectively highlighting posts to portray X as a platform rife with harmful content. 

"This case is about punishing the Defendants for their speech”

These claims came after CCDH's reports alleged a surge in hate speech.

It particularly highlighted antisemitic and anti-Muslim rhetoric on X following Musk's acquisition in late 2022. 

The studies pointed out the platform's failure to address the vast majority of such content.

It cited instances where over 99 percent of hate speech on premium Twitter Blue accounts was overlooked.

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Breyer wrote: “Sometimes it is unclear what is driving a litigation, and only by reading between the lines of a complaint can one attempt to surmise a plaintiff’s true purpose.

“Other times, a complaint is so unabashedly and vociferously about one thing that there can be no mistaking that purpose. 

“This case represents the latter circumstance. c

In an analysis, CCDH researchers examined 100 premium Twitter Blue accounts, finding that the platform did not address 99 percent of the hate speech shared by these users. 

It revealed Twitter/X failed to act on 89 percent of posts containing anti-Jewish rhetoric and 97 percent of those with anti-Muslim sentiments.

CCDH said Breyer’s ruling “sent a strong message about seeking to censor those who criticize social media companies, which we are confident will resonate throughout Silicon Valley and beyond.”

X posted from its XNews account that it “disagrees with the court’s decision and plans to appeal.”

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