A federal judge in California dismissed a lawsuit filed by X (formerly known as Twitter) against the Center for Countering Digital Hate (CCDH), a nonprofit organization that researches digital hate speech and advocates for social media reform. Owned by Elon Musk, X’s lawsuit, filed in July 2023, accused CCDH of violating X’s terms of service by “scraping data” and launching a scare campaign to deter advertisers from the X platform. The suit sought damages and the enjoinment of the CCDH from accessing and using the data obtained from X. (DocumentCloud, PacerMonitor)
Weighing in favor of dismissal, the CCDH invoked Federal Rule of Civil Procedure 12(b)(6), arguing that X’s claims did not establish a basis for relief. In addition, they cited California’s anti-SLAPP law, designed to protect First Amendment rights, as undermining the validity of X’s claims (Cornell Law School, CCDH, Casetext).
Judge Charles R. Breyer concurred that CCDH’s actions, seen as an embodiment of free speech rights, fulfilled the requirements for dismissal under the anti-SLAPP law. X’s allegations, Breyer noted, revolved around the “scraping” of its site by CCDH but failed to demonstrate any damages directly resulting from this alleged wrongdoing. Instead, the suit seemed to seek damages due to third-party reactions to CCDH’s activities. Consequently, Breyer concluded that the lawsuit was more about penalising CCDH for its speech and dismissed the case.
Following the lawsuit’s dismissal, the CCDH expressed satisfaction and confirmed it would continue to expose hate and lies on X, urging media bosses like Musk to assume responsibility (CCDH on Twitter). CCDH’s CEO also expressed hope this ruling would embolden public-interest researchers to intensify their efforts to hold social media companies to account (CCDH Press Release).
This comes as various US representatives are pressurising Musk to address the increase in hate speech on the platform since its acquisition in October 2022 (JURIST News).