Professional Documents
Culture Documents
Motion To Intervene in Musk Lawsuit - Draft
Motion To Intervene in Musk Lawsuit - Draft
Motion To Intervene in Musk Lawsuit - Draft
INTRODUCTION
On its face, this may be the most ludicrous lawsuit since a federal prisoner sued
Satan and his minions. United States ex rel. Gerald Mayo v. Satan and His Staff, 54
F.R.D. 282 (W.D.Pa. 1971). But in today’s America, a billionaire can buy anything,
including Supreme Court Justices. E.g., Thomas accepted more gifts from billionaire
benefactors, new ProPublica report says, NPR, Aug. 10, 2023. So, while this lawsuit
deserves its own image on Mount Forum Non-Conveniens and lesser attorneys would
be disbarred for even attempting it, what a billionaire wants, a billionaire gets. And
even if the mentally ill Elon Musk, see SNL, May 8, 2021 (monologue), has become as
crazy as a shit-house rat, this Court is substantially certain to indulge him. Truly, this
is forum shopping on the level of Led Zeppelin’s Stairway to Heaven: “When she gets
there, she knows, if the stores are all closed, with a word, she can get what she came
for.” Led Zeppelin, Stairway to Heaven (1971).
Musk has Tweeted that “Free speech is essential to a functioning democracy,” and
“Given that Twitter serves as the de facto public town square, failing to adhere to free
speech principles fundamentally undermines democracy.” Elon Musk, Tweet, Mar. 26,
2022.
In turn, this constitutes an admission that Twitter a/k/a “X” is a de facto public
utility. Musk further bleated that that Twitter’s policy going forward was “freedom of
speech, but not freedom of reach.” Elon Musk, Tweet, Nov. 18, 2022.
Distilled to essentials, this case is about Elon Musk’s freedom of reach. He wants
advertisers to subsidize his unhinged anti-American rants ... and because he has the
onion-thick skin of a billionaire and inflated sense of entitlement, he thinks that the
courts can be used as a cudgel. Having advertisers flee restricts his freedom of reach,
and he thinks he should be entitled to some form of relief at law because he is more
important than the rest of us.
Elon Musk demands equity. Fair enough. But he who asks equity must do equity,
and equity in this matter is to (1) declare Twitter’s adhesion contract void, and enable
aggrieved users to seek contractual remedies including consequential damages, and
(2) allow Elon Musk to be a named party in this matter, as there no longer appears to
be the line between Musk and Twitter that warrants a corporate veil. As this would
be a natural class-action lawsuit, if this Court allows me to proceed, I will need time
to organize counsel.
Importantly, this is NOT a Section 230 case. The Community Decency Act of 1990
only immunizes providers from liability for “action voluntarily taken in good faith
to restrict access to or availability of material that the provider or user considers to be
obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise
objectionable.” 47 U.S.C. § 230(c)(2)(A) (emphasis added). For reasons stated herein,
bad faith is alleged. After all, nobody is justifying political assassination but Tucker
Carlson.
For all his flaws, Twitter co-founder and CEO Jack Dorsey largely refrained from
insinuating personal political views into his creation. By contrast, Musk has used it
like a toddler’s rubber ducky, promoting bat-guano cray-cray conspiracy theories and
serving bizarre political whines. He’s an entertaining total whack-job, but there is no
law against that.
Legally speaking, the problem arises when Musk uses his power as CEO of Twitter
to suppress views he does not agree with, as this is a breach of contract. He is known
to be especially vindictive toward those who commit the unforgivable sin of poking fun
at “Sissy Space-X”:
When you make yourself a public figure, you open yourself to public criticism, and
it can be brutal. But a celebrity has to let them grab him by the funny bone:
Unlike in the old USENET fora, Twitter users do not enjoy freedom of speech, as
they can lose their freedom of reach for running afoul of Elon Musk’s caprice, for any
reason or no reason at all. Grotesquely racist posts like these are not only common
fare but enjoy insane reach, whereas legitimate political posts are brutally stifled:
On the face of it, Twitter has become an orgy of “negative/hate tweets” and comical
propaganda. Musk has displayed overt partisanship toward the Russians in
their illegal invasion of Ukraine. Another act of partisanship toward Russia by
Musk is generally believed to have led to the actual deaths of Ukrainian soldiers, see
e.g., Anne Applebaum, What Russia Got by Scaring Elon Musk, The Atlantic, Sept. 11,
2023, at https://www.theatlantic.com/ideas/archive/2023/09/elon-musk-let-russia-
scare-him/675282/.
Now that Musk has acquired Twitter, users are assaulted by Tweets like this: “OK
you stupid asshole Ukraine is ONLY surviving because it is backed by the LARGEST
WAR MACHINE IN HISTORY -> NATO And if you little Azov Nazi loving scumbag
knew that logistics is the main weapon of war - you would know what a proxy war is.”
@GeromanAT, 7:20 AM, Dec. 30, 2023. And given how many Western companies have
abandoned Russian businesses in response to Russian President Vladimir V. Putin’s
illegal invasion of Ukraine, their reluctance to have their advertising dollars support
his curious jeremiad is entirely understandable, even apart from Defendant Media
Matters’ reports.
The Overton Window is indeed opening, letting in a daunting stench. Musk has
gone full Pizzagate on us, embracing every bizarre fact-free Putin wet dream from an
alleged CIA coup in Ukraine to the alleged murder and torture of Gonzalo Lira to the
theft of the 2020 election, all orchestrated by some shadowy Deep State, in a nefarious
conspiracy requiring more actors than a Cecil B. DeMille movie. (By stark contrast,
Musk hasn’t said a word about the most predictable political assassination since ever:
the sudden death of Alexei Navalny.) To call Musk bat-guano cray-cray is to
understate the case.
While at the helm of Twitter, Musk has become a mouthpiece for the Kremlin,
actively aiding and abetting Putin’s propaganda machine. The people who enjoy
unfettered speech on MuskTwitter include twice-convicted sexual predator Scott Ritter
(who needs a job but can’t find one, because Baskin-Robbins always finds out),
infamous Putin toady Tucker Carlson, Nikki McCann Ramirez, Tucker Carlson Days
Ago on Navalny and Assassinations: ‘Leadership Requires Killing People’, Rolling
Stone, Feb. 16, 2024, FSB Agent Donaldov (a/k/a Donald Trump), and the execrable
northern Florida trailer-trash grifter known as “Catturd.”
Fair enough. But in America (Elon Musk is South African, with no loyalty to this
country), we believe that the antidote to bad speech is more speech. If Twitter
is going to let this rogue’s gallery of dictator-friendly propagandists and Russian bots
have free rein on this platform, it has to afford me a fair chance to compete in the de
facto town square. Why?
If for no other reason, because I paid good money for it. And, basic contract law.
This is a pervasive theme throughout Twitter: what Elon Musk wants heard, gets
amplified. What he does not, is suppressed.
The case for our aiding Ukraine is an easy one for a real American to make. I keep
asking those who would appease ruzzia, “Your solution to Ukraine is? The only catch:
YOU have to give up what you expect others to give up.”
There is no making peace with Russia. Ask the Chechens. The Ukrainians know
what their choices are. If they were stupid enough to follow Elon’s sage counsel, their
women would be on their "fuck, then kill" list. The others would face unremitting
terror, and the men would be cannon-fodder in the next war, like the men of Donbas
were this time.
At the end of the day, they have two choices: to fight for their freedom, or fight for
the Tsar in the next war. And don’t kid yourself: There WILL be a next one.
The Ukrainians always had that other choice. All we are doing is providing them
the means to resist. And doing that is kind-of in our DNA as Americans. If not for the
aid of France, Spain, and Holland, we would have lost our own Revolution. How can
we turn the Ukrainians away?
But Elon Musk won’t let me speak. He doesn’t want this to be heard.
With the tools Premium access gave me, I can dispatch his arguments in detail in
a few clicks:
But I can’t use Twitter to refute bad speech because it gets in Elon’s way. And even
his alter-ego Grok can’t explain why:
That Proposed Intervenor may be too “sassy” for the Twitterverse is jaw-dropping,
especially where favored influencers find assassination of rivals perfectly acceptable,
and racist tropes do not offend apartheid’s richest proponent. To even state the case
is to refute it.
CONCLUSION
Elon Musk himself explains why intervention should be allowed in this matter:
The more essential Twitter becomes, the more essential it is for its curators to deal
cards from the top of the deck and treat every user fairly. The mission of a business is
to provide a service, not serve as a private platform for a petulant oligarch with the
skin of an onion.
Given that Elon Musk a/k/a Adrian Dittman(?), Is Adrian Dittmann Actually Elon
Musk?, The Perimeter, at https://www.newsfromtheperimeter.com/home/2024/2/18/is-
adrian-dittmann-actually-elon-musk, appears to do a lot of his business in Texas and
may reside here, this would be a fair forum for the proposed litigation, which Media
Matters may be able to join as a plaintiff. Austin might be preferable, but I’ll take it.
As for damages, Proposed Intervenor has spent 90% of the time since signing up in
Twitter’s sin bin, and I was recently placed under suspension. Yet again. No reason
given. No colorable explanation or apology. I complained about a racist remark from
flamethrowing right-wing influencer Laura Loomer (referring to Georgia prosecutor
Fani Willis as a “hood rat”), and Elon’s thugs summarily shut me down. But Loomer’s
overtly racist post is still on Twitter as of this writing, even though I was punished for
referring to Eisenhower’s bracero program.”
In the short time that my feed was not being suppressed by shadowbans, I gained
over a thousand followers who weren’t Russian bots.
Had my freedom of reach not been suppressed by Space Karen and his minions, I
might have 10,000 followers, or even more. I might have been able to run for office or
removed Clarence Thomas for flagrant violations of good behavior tenure, as judges
taking bribes is corrosive to the judiciary. Being divorced from America’s polity has
real consequences, and Space Karen should have to write a real check.
It is well established that every contract has an implied covenant of good faith and
fair dealing with respect to the parties’ performance and enforcement of any
agreement. The covenant imposes an obligation on parties to act in good faith and deal
fairly with other parties to the contract, even though this duty is not specifically stated
in the agreement. See generally, Restatement (Second) of Contracts § 205. To put it
delicately, “X” hasn’t exactly marked this spot.
Forcing “Apartheid Clyde” to write an extremely large check might even teach him
that respect for the rights of others is the beginning of wisdom. For this reason, I ask
that the motion to intervene be GRANTED.