General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn new suit, Musk's X accuses advertisers of boycotting platform after Twitter takeover
The new lawsuit filed by Elon Musks social media platform is controversial for a variety of reasons including the court in which it was filed.
Link to tweet
https://www.msnbc.com/rachel-maddow-show/maddowblog/new-suit-musks-x-accuses-advertisers-boycotting-platform-twitter-takeo-rcna165550
The company formerly known as Twitter filed the lawsuit Tuesday in a federal court in Texas against the World Federation of Advertisers and member companies Unilever, Mars, CVS Health and Orsted. It accused the advertising groups initiative, called the Global Alliance for Responsible Media, of helping to coordinate a pause in advertising after Musk bought Twitter for $44 billion in late 2022 and overhauled its staff and policies.
As my MSNBC colleague Jahan Jones noted, the conspiratorial billionaire also declared war against a coalition of advertisers known as the Global Alliance for Responsible Media (GARM).....
But as the case advances, there was one detail in the reporting that deserves a closer look. Reuters noted, The case was filed in the Northern District of Texas and assigned to U.S. District Judge Reed OConnor......
The New York Times noted soon after that Republicans had a habit of bringing their cases to this specific district court because of their confidence that OConnor would give them everything they wanted: He ruled for Texas in 2015 when it challenged an Obama administration measure extending family leave benefits to married same-sex couples. ... He also ruled for Texas in 2016, blocking the Obama administration from enforcing guidelines expanding restroom access for transgender students......
Its against this backdrop that the lawyers for Musks platform filed their new case in a specific Texas district where they knew the case would almost certainly be assigned to OConnor.
The tactic goes by different names. Ive seen it referred to as forum shopping, judge shopping, venue shopping, and court shopping, but the phrases all mean the same thing: Instead of simply taking ones chances in the judiciary, many litigants effectively try to hand-pick ideologically aligned jurists, filing their cases in specific districts in the hopes of guaranteeing success before the process even begins in earnest.
I dont know for certain whether Xs legal team tried to game the system, but it seems like quite a coincidence that they took their case to a judge whos notorious for telling the right what it wants to hear.
bullimiami
(14,075 posts)ck4829
(37,699 posts)magicarpet
(18,495 posts)Pound sand Nazi.
keithbvadu2
(40,915 posts)Musk should appreciate that. He is a hard bargainer.
Zambero
(9,979 posts)And wonders why advertisers are staying away. When a heretofore neutral platform is highly politicized by a high-profile individual, there are bound to be repercussions. Apparently, even a "genius" fails to get the connection. And then there's Tesla...
Initech
(108,709 posts)These people are nobody's friends, the advertisers are right to run away.
ProudMNDemocrat
(20,881 posts)Good for them. Elon will LOSE this suit. The man must get off losing money.
CincyDem
(7,391 posts)
is there some constitutional obligation for advertisers to spend money on X ? Or any other platform for that matter.
Assume Im a guy who owns billboards and have a deal with Huggies for them to buy advertising space. If I decide to move all my billboards to the Red Light District in Amsterdam and Huggies decides thats no longer consistent with their target audience or corporate philosophy
I get to sue if they dont re-up their contract ???
Doesnt sound very pro business to me
but what do I know.
OAITW r.2.0
(32,108 posts)It's like he asking the Courts to force advertisers to spend money on his platform. Hope it gets dismissed the moment it is submitted.
Lunabell
(7,309 posts)This ought to be a slam dunk loser for him if there is really a non-partial judge.
TlalocW
(15,674 posts)I don't get how he can sue over that
haele
(15,381 posts)And they know what their customers habits and interests are.
Advertisers don't have to waste their money in venues where their customer base isn't.
That's like advertising Makers Mark at a Children's Television Workshop fundraiser or Beech-Nut Baby meals at a Indy Adult Film festival.
I was going to say Pampers at Bohemian Grove, but there might be enough who are into that to make it worth while.
You might attract one or two customers. Still, not enough to spend the money.
And not many big companies want to be linked to the obnoxiously loud 20% of the population who are bullies and Nazis; I suspect they'd rather market to the 60 -70% who avoid the bullies and Nazis because mean or bat shit just doesn't make normal people feel comfortable.
Haele
HAB911
(10,439 posts)Celerity
(54,348 posts)Wicked Blue
(8,858 posts)NotASurfer
(2,369 posts)After all, if it's not fair that advertisers don't pony up, then it's not fair that everybody doesn't pony up, because whiny why-do-you-avoid-my-brilliance-in-my-own-opinion reasons
Bev54
(13,428 posts)Bettie
(19,682 posts)companies to choose where they advertize?
samsingh
(18,418 posts)i guess budweisher can sue their customers too, and the Dixie Chicks should sue radio statements that boycotted them, and so on.
samsingh
(18,418 posts)Freethinker65
(11,203 posts)Musk is entitled to control X how he wants to (I quit Twitter a month or so because of Musk as was my right). If Musk's policy decisions on X cause advertisers to flee, perhaps Musk needs to re-evaluate the policy changes and business model of X or just live with the consequences.
struggle4progress
(126,116 posts)So we are suing to make them eat at our cafe!"
John Farmer
(403 posts)LetMyPeopleVote
(179,632 posts)
ck4829
(37,699 posts)LetMyPeopleVote
(179,632 posts)kimbutgar
(27,238 posts)Sorry muskrat youre just a whiny cry baby who is losing major money now on Twitter. I hope Twitter is destroyed and you lose billions.
FM123
(10,372 posts)The end of GARM could raise concerns for other media watchdogs, though a judge has sided with a nonprofit in a similar suit. X also sued the Center for Countering Digital Hate, alleging the nonprofit group violated its terms of service when it studied, and then wrote about, hate speech on the platform and blamed it for driving away advertisers. (A federal judge tossed the suit in March, blasting it as an attempt to punish CCDH for protected speech.) X also sued the progressive watchdog group Media Matters over its analysis highlighting antisemitic and pro-Nazi content on X a report that appeared to play a significant role in a massive and damaging brand revolt late last year. The case is set to go to trial next year.
https://www.democraticunderground.com/100219314524
Oneironaut
(6,293 posts)Ofc they know that and are insincere.
LetMyPeopleVote
(179,632 posts)Musk engaged in some serious and in my opinion unethical forum shopping. Luckily, the press exposed the fact that this judge owns Tesla stock and the judge just recuse himself
Link to tweet
Here is the NPR article where the judge's Tesla stock ownership was exposed
https://www.npr.org/2024/08/09/g-s1-16087/elon-musk-lawsuits-texas-same-judge-hears-them-tesla-stock
Musks social media company X has filed two major lawsuits against groups he sees as antagonists, and OConnor is presiding over both of them, even though none of the parties is based in Texas.
So far, OConnor has delivered stunningly pro-Musk decisions, which have gained widespread attention.
What has garnered less attention: OConnors investment in Tesla, between $15,001 and $50,000 of Tesla stock, according to his most recent publicly available financial disclosure filing......
Like with the Media Matters case, neither X, which is listed in the suits as a Nevada corporation, nor any of the defendants are based in Texas.
But Musks legal team justified filing the Media Matters case in Texas by saying the nonprofit routinely contacts Texans asking them to subscribe to the groups content and that, in the second case, the advertisers have a substantial volume of business in Texas.
Forum shopping accusations have recently come under scrutiny in the northern district of Texas, in part because the district is distinct.
In most parts of the country, lawsuits are randomly assigned to judges. But in northern Texas, judges take on suits based on which division of the district they are filed in. That can allow parties to almost cherry-pick a judge, according to Ahearn with the Brennan Center for Justice.
Public pressure worked here and this judge has recused himself
LetMyPeopleVote
(179,632 posts)Musk engaged in some very questionable and in my opinion unethical forum shopping to get this this judge. I am glad that NPR exposed this conflict and that this judge recused himself
Link to tweet
https://www.rawstory.com/elon-musk-judge-recuses/
As an NPR report recently revealed, U.S. Federal Court Judge Reed OConnor has been overseeing a number of lawsuits involving Musk and ruling in his favor.
The lawsuit in question revolves around Musk's efforts to sue liberal media watchdog Media Matters for allegedly damaging X's reputation with advertisers.
Media Matters documented how some corporate ads on X were showing up alongside racist posts made by neo-Nazi, which Musk alleges has destroyed the company's advertising base. Musk's lawsuit has already damaged the organization, with a number of layoffs announced in May.
After uproar and nationwide reports about Judge O'Connor, on Tuesday the judge decided to recuse himself from the Musk case. It has now been passed onto Judge James Kinkeade, a George W. Bush appointee.