Elon Says ExTwitter Will Sue The Group ExTwitter ‘Excitedly’ Joined Just Last Week

from the timing-is-everything dept

Elon Musk’s ExTwitter just set a new speed record: from enthusiastic joiner of an advertising coalition to potential plaintiff against the same organization in just over a week.

Sometimes, timing is everything.

This week has been a travel week for me, so on Tuesday evening, I wrote up a short article on last week’s news that ExTwitter had “rejoined GARM.” GARM is the Global Alliance for Responsible Media, which is a loose coalition focused on brand safety for advertisers, such that their ads are less likely to appear next to, say, neo-Nazi content.

The main focus of my post was that there was almost no way that anyone should believe that ExTwitter’s decision to rejoin GARM was a sincere statement that ExTwitter would now take brand safety and GARM’s recommendations seriously. Instead, I noted that whenever ExTwitter was desperate for advertisers to sign on, its advertising execs (Linda Yaccarino’s underlings) would tout its compliance with GARM guidelines. But then Elon would do something fucking crazy and drive away advertisers again.

I even predicted, “sooner or later (probably sooner) Elon will do something horrible…” I should have known that it would happen so soon that it was before I could even post my article.

Anyway, I wrote that Tuesday evening and scheduled it to go up on Techdirt on Thursday afternoon, since I’d be traveling and without internet access for large segments of time this week.

Little did I know that on Wednesday, before my post went up, Jim Jordan and the House Judiciary would release an astoundingly stupid “report” claiming that GARM was an antitrust-violating cartel that was pressuring websites into censoring conservatives.

And, in response to a tweet showing just a clip of some nonsense testimony at the House hearing about this report, Elon Musk announced on Thursday morning (before my post went up) that ExTwitter “has no choice but to file suit against the perpetrators and collaborators” (meaning GARM, its organizers, and its members) and also said that “hopefully, some states will consider criminal prosecution.”

Image

Yes, that’s Elon Musk saying that he plans to file a civil lawsuit against GARM and its “collaborators” and hopes that state AGs will file criminal lawsuits against the very organization HIS COMPANY REJOINED JUST A WEEK EARLIER and celebrated with a hyped-up tweet:

Image

So, last week ExTwitter was “excited to announce” that it’s rejoined GARM, and this week Elon says that GARM’s leaders should be criminally prosecuted, and he planned to sue them himself.

Cool, cool.

I can just imagine how Linda Yaccarino must feel about this. She clearly orchestrated the return to GARM as part of her desperate push to lure back advertisers.

But let’s be clear about this. Companies have their own First Amendment rights not to associate with anyone they want. And that includes not advertising on websites where your ads might show up next to controversial content, disinformation, or just general nonsense. Many companies recognize that it is bad for business to have advertisements showing up next to neo-Nazi content, or just plain old disinformation.

Private companies choosing not to advertise is not a violation of any law, civil or criminal. Private organizations setting up guidelines for brand safety is not an antitrust violation. Private organizations choosing not to advertise on the site formerly known as Twitter is an expression of their own First Amendment rights not to associate with whatever nonsense Elon is promoting these days.

Anyway, all that effort that Yaccarino put into “rejoining GARM” last week just went up in smoke. She was trying to convince advertisers that ExTwitter was a safe place for brand advertising, but now Elon is saying ExTwitter will be suing GARM and pushing for criminal prosecutions of everyone involved in GARM.

Which now includes Elon Musk’s ExTwitter as of last week. Can’t wait to see Elon sue himself.

What a clusterfuck of stupidity.

And I’m sure that it won’t be long before an Andrew Bailey of Missouri or a Ken Paxton of Texas opens an “investigation” into GARM (the group that Elon Musk’s company “excitedly” rejoined just last week).

Hilariously, this would be an actual First Amendment violation, in that it would be a government agency starting a criminal investigation for the pretty clear express purpose of intimidating companies out of expressing themselves.

Remember when Elon said he was against governments pressuring companies about their speech? Now he’s telling them to do that, but just to organizations he doesn’t like (even though his own company just joined the very same organization).

So, just to recap: last week, Elon’s company rejoined GARM, the advertising coalition to help make sure platforms are a safe place for brand advertisers to advertise. This week, the House Judiciary Committee falsely claimed that the First Amendment-protected rights of companies not to advertise on ExTwitter was an antitrust violation, leading to “First Amendment absolutist” Elon Musk saying he’s going to sue the very organization his company just “excitedly” joined. And, to top it all off, Elon hopes that states will open criminal investigations into this activity — an act that would actually violate the First Amendment rights of GARM and those involved with it. Which includes Elon Musk’s own company.

I should have stayed off the internet even longer.

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Companies: garm, twitter, wfa, x

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Comments on “Elon Says ExTwitter Will Sue The Group ExTwitter ‘Excitedly’ Joined Just Last Week”

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46 Comments

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Anonymous Coward says:

See Mike, this is why Elon is a billionaire and you are not.
Instead of writing this obviously wrong article, you should have noted that SpaceX has never offered a reusable rocket in TechDirt’s daily deal, even though 100% of the reader will buy one, for the right price.
Therefore, SpaceX (and others) are illegally boycotting TechDirt, and they owe it money.

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Anonymous Coward says:

Never even mind the First Amendment (ignoring Paxton) – even many insanely repressive countries don’t force anyone to advertise anywhere. If you handed this bucket of shit to extreme capitalists in the 20s or 50s or 80s, they’d just have you shot. And talk about “nanny state” – yo, don’t hire crack-smoking nannies. More like ninny state.

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freakanatcha (profile) says:

That darn Elmo!

I used to work for a major newspaper. Airlines told us not to run their ads after a commercial air crash. It wasn’t a boycott and nobody threatened to sue anybody.

Just spitballin’ here, but what if—just maybe—Elmo didn’t run ads next to neo-Nazi tweets? Of course, Elmo’s reposts and hearty endorsements are another story.

Wouldn’t that be better than a trial where the defense teams present some of the more erudite neo-Nazis’ brain-droppings?

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Anonymous Coward says:

Re: Re:

Nah. This ain’t drugs. This is the disconnect that results from the privilege of growing up a rich Apartheid kid who can’t even decide if his dad owned an emerald mine.

Same as Trump. Just someone who didn’t grow up hearing “no” enough.

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David says:

Nothing to be seen here

And, to top it all off, Elon hopes that states will open criminal investigations into this activity — an act that would actually violate the First Amendment rights of GARM and those involved with it. Which includes Elon Musk’s own company.

A serial shooter is meritless without a victim. To shoot himself in the foot, Musk needs a foot first. So X needed to rejoin GARM before Musk could excitedly fire another round at one of his limbs.

I should have stayed off the internet even longer.

Rather Musk should have.

This comment has been deemed funny by the community.
Anonymous Coward says:

So…

A company is free, via the first amendment et al, to boycott … anyone for anything they want?

yes, of course!

And they’re free to delegate to a company they hire, or someone they associate with, the duty to do research on the topics they would base a boycott on?

uh, yeah?

And they would be free to tell other companies (and the public) that they were boycotting someone, and why?

yeah … where’s this going?

Bear with me. So, it’s okay for a company to do this. Is it okay for two companies to do this?

… yeah?

Three? Five? Any number?

… uh….

So, why is it GARM doing something “bad”, again?

’cause I’m bein’ repressed! I’m bein’ repressed!

Bloody conservative

Oooh, what a giveaway! That’s what I’m on about… you did see him repressin’ me, you saw it, didn’t you?

This comment has been deemed insightful by the community.
Anonymous Coward says:

Never believe that anti-Semites are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The anti-Semites have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert. If you press them too closely, they will abruptly fall silent, loftily indicating by some phrase that the time for argument is past.

Always relevant when Elmo’s in the picture.

PaulT (profile) says:

Re:

Nah, it just means, as ever, that people need to use their dictionary instead of the real one. In their dictionary, “free speech” means “we can say whatever we want without consequences, and everyone else has to listen”. They’re consistently absolutist about that.

They just get unstuck when they encounter the real world which includes definitions like “other people have the right to respond” and “people can choose not to listen, which includes not financing you”.

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That One Guy (profile) says:

So many hidden 'republican only' clauses...

There republicans go again, saying the quiet part out loud.

The republican version of the first amendment is truly marvel. No only does it apparently includes clauses that republicans can say whatever they want without consequence, and clauses that say republicans can use whatever platform they want to speak on even if the owner doesn’t want them there but now they’re making clear that it includes clauses that force companies to do business with, and keep sending money to, republicans.

Gotta love the party of Small Government, Personal Responsibility and The Free Market when it comes to putting those into practice.

Manabi (profile) says:

Meanwhile Twitter Issues False Account Limitations

And while Musk is focusing on that bullshit, I had an account get limited for twelve hours for “violence”. Happened instantly after replying to an art tweet (It shows a girl undressing in public on her own initiate, no violence at all. Notably that tweet is still up.) commenting on the content of the image, how the artist had drawn parts of it. Posted reply and bam, account’s limited. Limitation stayed after taking the stupid test and deleting that tweet that broke not a single rule on any social media service, not even Musk’s Twitter, but Twitter claimed did. Apparently they’ve shadow-banned that account and are punishing people who interact with it. (Remember when Musk bitched about shadow-banning? Yeah, so do I. He sure does a lot of it.)

Compare that to Musk’s MAGA fanboys openly posting graphic photos of the dead shooter yesterday, celebrating him being killed yesterday (and probably today, I’m avoiding any tags that might bring up more of them and blocked the whole trending block with uBlock filters yesterday), without flagging them as sensitive without anything happening to them. There’s tweets glorifying violence against even Musk Twitter’s ToS without a thing being done about them.

This is just going to run more advertisers off. Twitter can’t die fast enough, I really wish more artists I follow would leave it, but looks like they won’t until it’s dead.

Anonymous Coward says:

Re:

Network effect.

You’d have to convince everyone they know to move, too.

And they all know they have to move. They just don’t know where their entire network is gonna move to, and the majority of the alternatives, well…

Let’s just say they don’t take too kindly to a lot of people moving in. Baggage included.

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