Drudge Retort: The Other Side of the News
Wednesday, April 03, 2024

Ever since Elon Musk's X Corp sued Media Matters for America (MMFA) over a pair of reports that X (formerly Twitter) claims caused an advertiser exodus in 2023, one big question has remained for onlookers: Why is this fight happening in Texas?



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... In a motion to dismiss filed in Texas' northern district last month, MMFA argued that X's lawsuit should be dismissed not just because of a "fatal jurisdictional defect," but "dismissal is also required for lack of venue."

Notably, MMFA is based in Washington, DC, while "X is organized under Nevada law and maintains its principal place of business in San Francisco, California, where its own terms of service require users of its platform to litigate any disputes."

"Texas is not a fair or reasonable forum for this lawsuit," MMFA argued, suggesting that "the case must be dismissed or transferred" because "neither the parties nor the cause of action has any connection to Texas."

Last Friday, X responded to the motion to dismiss, claiming that the lawsuit --which Musk has described as "thermonuclear" -- was appropriately filed in Texas because MMFA "intentionally" targeted readers and at least two X advertisers located in Texas, Oracle and AT&T. According to X, because MMFA "identified Oracle, a Texas-based corporation, by name in its coverage," MMFA "cannot claim surprise at being held to answer for its conduct in Texas." X also claimed that Texas has jurisdiction because Musk resides in Texas and "makes numerous critical business decisions about X while in Texas." ...

According to the Dallas Observer, "two judges for the Northern District's Fort Worth Division are Reed O'Connor, a George W. Bush appointee, and Mark T. Pittman, a Donald Trump appointee," suggesting "this was a strategic move" from X "to get this case before a court that they think will be more likely to administer a more favorable outcome."

Internet law expert Eric Goldman told Ars that, like the recently dismissed X lawsuit against the Center for Countering Digital Hate, "the Media Matters lawsuit seems to be another clear example of an X lawsuit brought against critics primarily motivated by punishment and deterrence, not protecting its legal rights." ...

#1 | Posted by LampLighter at 2024-04-03 12:41 PM | Reply

@#1 ... "the Media Matters lawsuit seems to be another clear example of an X lawsuit brought against critics primarily motivated by punishment and deterrence, not protecting its legal rights." ...

Mr Musk suing to prevent free-speech?

How odd.


#2 | Posted by LampLighter at 2024-04-03 12:41 PM | Reply | Funny: 2

Why do they keep saying "formerly Twitter"?

We know.

#3 | Posted by jpw at 2024-04-03 01:27 PM | Reply

#3- it's likely for the search engine and also being able to retrieve relavent articles internally based on keywords.

#4 | Posted by sentinel at 2024-04-04 12:00 AM | Reply

Based on the article, doesn't appear Musk has much of a case.

With Tesla sales down, he must be yelling at a lot of people. More than usual.

#5 | Posted by AMERICANUNITY at 2024-04-04 03:30 AM | Reply

Yep, soon you may be able to scoop up Tesla stock for
around $100 a share... Not sure though if I'd want to.
BYD looks like they are coming on strong in the EV auto
department. Musk would be wise to stop blathering on X
and focus more on his core businesses. The only one that is
a ringing success is Space X.

#6 | Posted by earthmuse at 2024-04-04 06:31 AM | Reply

The FBI is X-Filing info related to a lawsuit involving thermonuclear technology?!?

#7 | Posted by hamburglar at 2024-04-04 07:23 AM | Reply

#6 | Posted by earthmuse

I will own a Tesla before I own any vehicle made by a Chinese company and I have no intention of owning a Tesla.

#8 | Posted by GalaxiePete at 2024-04-04 09:25 AM | Reply | Newsworthy 1

Re # 8

I would assume then that you will never shop at a Walmart either.

Or buy products from Target ...
or L.L.Bean. ...
or Levi Strauss & Co. ...
or New Balance. ...
or Radio Flyer. ...
or Melissa & Doug Toys. ...
or Brach's Confections, Inc. ...
or US Major League Baseballs. ...
or Chevy Silverado ...
or even Amazon (70% Chinese products).

#9 | Posted by donnerboy at 2024-04-04 11:54 AM | Reply

Just call it Xitter.

#10 | Posted by DarkVader at 2024-04-04 02:23 PM | Reply

#10 - Perfect!
You can even link it to China's Xi for a double, though the pronunciation would be "Sheeter" in that case.

#11 | Posted by YAV at 2024-04-04 02:42 PM | Reply

I thought this --------- lawsuit was dismissed already, but that was X's other frivolous lawsuit against the Center for Countering Digital Hate. So much performative anti-speech litigation from Elon, it's hard to keep track.

#12 | Posted by JOE at 2024-04-04 03:13 PM | Reply

#8, not talking about owning one of their vehicles (though if they can enter the U.S. or European market at a discount to competitors they will likely sell themselves), no, I was talking more of stock ownership. I have no problem owning Chinese stock and selling it for a healthy profit. I rode Nio from about $8 a share a couple of years back up to over $24 a share before selling (I think I sold at around $27 a share) and made a tidy little profit on it.

#13 | Posted by earthmuse at 2024-04-04 09:15 PM | Reply

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