First Amendment
X Corp sues Media Matters – in Texas
X Corp did file their “thermonuclear” lawsuit yesterday – in Texas, whose Attorney General is also investigating Media Matters’ conduct.
X Corp (formerly Twitter, Inc.) filed the “thermonuclear” lawsuit that owner Elon Musk threatened over the weekend. But they filed, not in California, where X has its headquarters, nor the District of Columbia, where Media Matters has theirs. Instead they filed in Texas – whose Attorney General has opened his own investigation into Media Matters’ conduct.
X Corp scores the perfect venue
Elon Musk filed the case of X Corp v. Media Matters and Eric Hananoki in the U.S. District Court for the Northern District of Texas (Fort Worth Division). CourtListener has the docket page here, and the complaint here.
The fifteen-page complaint alleges interference with contract, business disparagement, and interference with prospective economic advantage. Eric Hananoki, a Media Matters staff writer, wrote both the articles CNAV has lately cited in covering this case. (See here and here.) Mr. Hananoki evidently has made X – and Rumble – his personal targets, as Saul Alinsky (Rules for Radicals) might have advised. (Or if he didn’t do that on his own, his editors did, and gave him his orders, which he obeyed.) Seven of the last twelve articles in his feed attack X, Rumble, or both.
But Mr. Hananoki isn’t the only one. The complaint alleges that Media Matters has released more than twenty articles (thus far) attacking X Corp and Platform X. This sort of thing has been going on for several years, the complaint says.
But why Texas? Because – as the Jurisdiction and Venue section holds – plaintiff and defendants are in three separate federal districts. (X Corp. is incorporated in Nevada and has headquarters in San Francisco. Media Matters has headquarters in Washington, D.C. Eric Hananoki is a resident of Maryland.) X Corp. has lost millions in revenues – and the threshold for a federal case is $75,000. Finally, X points to advertisers – and users – headquartered in, or resident of, Texas.
Here comes the judge…
X Corp. perhaps had another reason to file in Texas. Specifically, Texas Attorney General Ken Paxton has opened his own investigation into Media Matters’ conduct.
Recall that Jack Posobiec pointed out that Media Matters had perpetrated a hoax on its readers. Immediately afterward, Stephen Miller, founder of America First Legal, reminded readers that “fraud is both a civil and criminal violation.” Elon Musk mused on X how “interesting” that was – and then Andrew Bailey, Attorney General of Missouri, announced his investigation.
Ken Paxton announced his investigation more formally, in a press release, which Musk screencapped and shared. Paxton cited the Texas Business Organizations Code and the Deceptive Trade Practices Act as the laws Media Matters likely broke.
We are examining the issue closely to ensure that the public has not been deceived by the schemes of radical left-wing organizations who would like nothing more than to limit freedom by reducing participation in the public square. Ken Paxton, Attorney General of Texas
Jim Hoft at The Gateway Pundit reported first on the Texas Attorney General’s involvement. Later last night he reported on another advantage Elon Musk gained: the assignment of Mark T. Pittman as trial judge.
Judge Pittman joined the North Texas federal bench on August 8, 2019, after his appointment by President Donald J. Trump. This judge was one of several to block President Joe Biden’s student loan forgiveness scheme. The Supreme Court ultimately slammed that door in another student-loan case last term. Pittman also ordered the FDA to release documents relating to the development of Pfizer’s mRNA coronavirus vaccine. In addition, Pittman ruled against a Texas law banning adults younger than 21 from carrying handguns.
To start, the Second Amendment does not mention any sort of age restriction. This absence is notable—when the Framers meant to impose age restrictions, they did so expressly.
Look who else is suing!
Tracy Beanz dropped a thread on the complaint today:
Chris Pavlovski, head of Rumble, began to complain publicly about Media Matters’ treatment of his company and users. He began the day X Corp. announced they would sue, by saying:
That afternoon, Pavlovski first mentioned that Media Matters attacked his company, too.
Sunday evening, he amplified his “cavalry” remark.
Yesterday evening he appeared to be threatening the self-described leftist “ad watchdog” CheckMyAdsHQ and both its co-founders:
He also accused Media Matters of misrepresenting Rumble as well as X. In his embedded statement he called for a Congressional investigation.
Later that evening he broke more news on his profile: Truth Social has filed its own lawsuit.
Today Truth Social filed a defamation lawsuit that is likely unprecedented in history, incorporating twenty publications—and even more may be added. All of them published the same false information about Truth Social and refused to fully retract their stories.
To the Fake News outlets that think themselves above accountability: we’ll see you in court.
Trump Media Technology Group filed the case in Florida’s Twelfth Circuit Court, in Sarasota County. TMTG v. Guardian News and Media et al., filing no. 186553510. They have sued twenty different media outlets, alleging a coordinated campaign of business disparagement. Among other things, the complaint disputes the recent report that Truth Social lost $73 million in the last two years. According to the complaint, that loss figure appears nowhere in required Securities and Exchange Commission filings. The complaint alleges defamation, defamation per se, and injurious falsehood. According to Reclaim the Net, TMTG is seeking damages – compensatory, special and punitive – of $1.5 billion.
Both X Corp. and TMTG are demanding jury trials in their respective cases.
X Corp, TMTG, possibly Rumble – the counterattack
Clearly, three of the most important Alternative Media platforms are now mounting a counterattack against leftist “cancel culture.” But something else is happening at X, that addresses a persistent cause of skepticism on the part of free-speech advocates. When Elon Musk hired Linda Yaccarino away from Xfinity/Comcast to run X, everyone (including CNAV) pointed to her being a big World Economic Forum (WEF) wheel. But recently she posted this:
The above is consistent with X’s complaint. More to the point, the skeptical reaction she received is mostly on the left. At least one detractor posted one of Eric Hananoki’s articles at issue in the complaint.
The accountholder evidently hasn’t read the complaint, or she might have known better than to expose Mr. Hananoki even further.
In any case, though leftists don’t care about facts, courts do. Two cases thus far will come before juries – a Texas jury and a South Florida jury. Manipulation of a server, and a lie agreed upon, are not likely to go over very well. Furthermore these cases will play out in a larger context: the release of the J6 video files. They show that, for more than two years, the party in power lied to the American people. Add in the provocation angle, and you’ll understand why those jurors will want revenge. And they might take the opportunity to exact it.
Terry A. Hurlbut has been a student of politics, philosophy, and science for more than 35 years. He is a graduate of Yale College and has served as a physician-level laboratory administrator in a 250-bed community hospital. He also is a serious student of the Bible, is conversant in its two primary original languages, and has followed the creation-science movement closely since 1993.
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