Elon Musk’s hypocrisy is showing  

Free speech absolutism seems to have fallen out of fashion at Elon Musk’s Twitter (now X). Earlier this week, X sued progressive media watchdog Media Matters, alleging that the organization sought to drive away X’s advertisers by making the platform appear awash in antisemitic posts.  

Merely existing for any length of time on X is enough to dismantle Musk’s case. When (alleged) CEO Linda Yaccarino issued a boilerplate condemnation of antisemitism in the broadest terms, neo-Nazis and white nationalists flooded her replies with the right’s most popular anti-Jewish conspiracy theories. Many of those posts were reported and removed, only to pop up again almost immediately. Did Media Matters fake that, too?  

At any rate, anyone skeptical of X’s argument needed only wait for the company’s actual legal filing. In that document (and another statement posted by Musk himself), Musk seemingly acknowledges that a fraction of all advertising placements actually do end up next to content that violates X’s terms. That alone blows a sizable hole in his legal argument against Media Matters — not that there was much of one to begin with. 

Elon Musk’s tenure at the top of what once was Twitter has been marked by nothing if not a constant carousel of cringe-inducing scandals. Musk’s most recent headaches once again highlight the mega-billionaire’s coziness amplifying explicitly anti-Jewish content. This time it was a far-right conspiracy theory that claims Jewish communities are engaged in a campaign of “anti-white racism.”  

To make matters worse, the account behind the antisemitic content appeared to be profiting from his bigotry, thanks to Musk’s revenue-sharing model. Then journalists found even more Holocaust-denying and antisemitic accounts profiting from Musk’s attention. That was enough for advertisers, who deserted X en masse for the second time since Musk took the helm. That’s bad news for the company, which by Musk’s own admission is teetering financially.  

As a guy who actually does stand behind the core value of free speech, I believe Elon Musk is completely free to post and share whatever he wants on his X platform. Media Matters is equally free to observe X’s descent into a right-wing hellscape, and the market can respond however it sees fit. To hear Elon Musk talk, that’s the exact type of “free speech absolutism” techno-Libertarianism that he and his entourage of far-right hangers-on want.  

Or is it?  

Texas Attorney General Ken Paxton certainly didn’t think so when he announced that the Lone Star State would launch an investigation into Media Matters for … bullying Elon Musk, I guess. Paxton, fresh off his own impeachment trial and no doubt eager to talk about anything else, claims Media Matters committed fraud by documenting the same antisemitic content X publicly acknowledges sometimes appears on its platform. If that doesn’t make any sense, that’s because Paxton’s lawsuit isn’t meant to be legally sound. It’s meant as a threat to Media Matters — and the broader world of left-aligned watchdog groups. 

“We can take away [Media Matters’] ability to do business in Texas … another measure is to go after them for damages,” Paxton told conservative influencer Charlie Kirk. “We have a right as the state of Texas to go after those damages.”  

For a party that gripes constantly about how Democrats are using “lawfare” to undermine the democratic process, Paxton’s lawsuit proves the GOP is more than happy to engage in a little lawfare of its own. Texas Republicans are salivating at the chance to tie the organization down with court depositions while draining its cash reserves.  

The result will be a chilling effect on free speech across social media, just in time for a 2024 campaign cycle that will likely see a record amount of digital disinformation. Meanwhile, the GOP’s biggest influencers now understand that Republican attorneys general like Ken Paxton are willing to dedicate taxpayer dollars and state resources to serving as their personal legal enforcers. So much for the vaunted marketplace of ideas.  

Musk may be getting an assist from Republicans like Paxton, but his problems aren’t going away. His most recent antisemitic outburst has convinced even some of Musk’s Silicon Valley allies that it’s time for him to step aside. Musk has effectively turned X into a loss-leading propaganda megaphone for far-right Republican causes, decimating its appeal to advertisers and alienating users. Its constant stream of antisemitic hate speech has measurably worsened America’s political discourse and normalized disgraceful and harmful stereotypes.  

It will take more than the GOP’s legal interference to save their favorite social network. 

Max Burns is a veteran Democratic strategist and founder of Third Degree Strategies.