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this post was submitted on 21 Nov 2023
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I read the complaint. Seems doomed to fail.
The underlying allegations, that Nazi content appeared next to advertisements by IBM and others, is literally true. Twitter can try and drum it up by saying Media Matters manipulated the algorithm by following Nazi supporters and refreshing the page, but it was still Twitter's algorithm that showed the Nazi content next to the advertisements and it was still Twitter's moderation decisions that allow Nazis to spread their ideology on Twitter. They don't have to allow such content. They could fix their algorithm to easily filter out hate speech. They don't want to.
Twitter makes three claims.
Intereference with contract, which requires proof of malicious or wrongful intent. Their evidence of malice is that the CEO of media matters said he was "at war" with conservative media. Yeah, at war with media that allows Nazi content or false conspiracy theories. That's pretty weak evidence. I think the facts show that MMs intent was to perform a valuable public service as a media watchdog.
Second count is trade disparagement, which requires proof that Media Matters statements were false. The complaint tries to say that no other user saw what Media Matters saw, and that's why it's false, but then expressly admits that X has not confirmed if any other users saw what MM saw. Either way, what MM saw was true and accurate: Nazi content served up next to IBM ads by Twitter's algorithm. The screenshots weren't Photoshopped. It wasn't a lie, it was literally true.
The third count is interference with prospective advantage. This requires the same evidence as above, intent and wrongful conduct.
Exactly what I expected this complaint to look like, Laden with far right conspiracy theories and victimhood.
Essential for any nationalist regime - "Disparage and discredit the lying press."
Trump's literally been doing it for years, shouting "FAKE NEWS" at anything he doesn't like and Musk's been helping by hindering news agencies and trying to alter the truth since he bought Twitter.
Now that they're getting caught doing nazi things, it's going to be "WE'RE NOT NAZIS! WE'RE NATIONALISTS! IF YOU'RE AGAINST US YOU'RE AGAINST AMERICA! MAKE AMERICA GREAT AGAIN! SEIG HEIL! ~oops~..."
*continues doing nazi things*
I mean but "the press" does lie all the time...
Elon may find a sympathetic judge though...