Judge rejects Media Matters request to dismiss Elon Musk lawsuit over ‘hateful content’ on X

Musk accuses the media watchdog of sparking an advertiser exodus – by the likes of Apple and Disney – by publishing a misleading article

A judge ruled Elon Musk’s lawsuit over “hateful content” on X/Twitter, which resulted in big brands pulling their adverts from the social media platform, can proceed to trial.

Musk’s X is suing the non-profit media watchdog Media Matters, accusing them of kicking off an advertising exodus after it published a “harmful” article alleging the platform allowed top brands display adverts beside antisemitic and pro-Nazi content.

US District Judge Reed O’Connor ruled at a hearing on Thursday that X’s lawsuit against Media Matters and two staff members will proceed to trial on April 7 next year.

Brands who pulled their advertising at the time included Apple, IBM and Disney.

The Media Matters analysis at the center of the suit alleges Musk, who recently endorsed Donald Trump in the presidential election, has increasingly begun a “descent into white nationalist and antisemitic conspiracy theories” since taking over the social media platform in 2022.

Musk called the organisation ‘pure evil’ when the suit was first filed in November 2023 (AP)

The lawsuit does not dispute that some top brands’ ads were featured near the inflammatory content, but argues Media Matters gamed X to produce extremely unlikely pairings that are usually screened out by the service’s advertising tools, alleging that one harmful match appeared for “only one viewer (out of more than 500 million) on all of X: Media Matters.”

Media Matters told The Independent in a statement at the time its analysis of X and its content policies remains valid. “This is a frivolous lawsuit meant to bully X’s critics into silence,” its president Angelo Carusone said. “Media Matters stands behind its reporting and looks forward to winning in court.”

Media Matters previously requested the judge forced Musk to list Tesla as an interested party in X’s lawsuit, but it was dismissed by O’Connor said “there is no evidence that shows Tesla has a direct financial interest in the outcome” of the case, according to court filings.

Musk called the organisation “pure evil” when the suit was first filed in November 2023.

O’Connor also recently recused himself in another lawsuit by X against a global advertising association and member companies such as Unilever, Marks and CVS Health. He did not provide a reason for the recusal, but a financial disclosure showed the judge invests in Unilever, Reuters reported.