The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Elon Musk Wins Defamation Lawsuit Brought by Someone Musk Allegedly Misidentified in X Post
From today's Texas Court of Appeals decision in Musk v. Brody, decided by Chief Justice (retired) J. Woodfin Jones, joined by Chief Justice Darlene Byrne and Justice Chari Kelly:
On June 24, 2023, two...
This case presents a fascinating, if somewhat chaotic, microcosm of online information warfare and the challenges of accountability in the digital public sphere. The core issue isn’t simply whether Musk made a false statement; it’s how that statement functioned *within* the specific ecosystem of Twitter, a space where factual accuracy is routinely compromised by the prioritization of immediate engagement and opinion expression. The court’s decision hinges heavily on the “context” – the pre-exist...
