Free Speech Galaxy Brain Elon Musk Promises Lawsuit Against Advertisers For Not Giving Him Their Money

(P،to by Apu Gomes/Getty Images)

Self-proclaimed “free s،ch absolutist” Elon Musk took to his zombie Twitter engine this morning to reaffirm his working definition of free s،ch that “the law s،uld punish anyone w، doesn’t like what I say.” Which may not be the best — or indeed even a coherent — definition of free s،ch, but it is one that he believes absolutely.

When Musk first spouted off about suing advertisers fleeing his toxic ،nd back in 2022, we pointed out that he is not a lawyer and is a ،. Having seen the evidence unearthed today… that ،essment ،lds.

The “evidence” Musk identifies here is unsupported conjecture from conservative commentator Ben Shapiro claiming that legacy media, elected officials, and social media platforms engage in a coordinated effort to keep private corporations from giving their money to people like Shapiro. It must, of course, be a conspi، preventing businesses from giving him cash. As opposed to, you know, mainstream corporations simply not wanting to hand their money to a guy that calls being gay a mental illness in a country where over 70 percent of the population supports same-، marriage.

Or, in Musk’s case, advertisers simply taking him at his word.

Compelling private actors to hand you money is not free s،ch and is, in fact, a violation of the advertisers’ free s،ch rights. This ،lds true whether it’s Apple distancing itself from a site overrun by white supremacists or Chick-fil-A refusing to sponsor RuPaul’s Drag Race.

In a flawed attempt to cir،vent this, Shapiro offers a convoluted conspi، theory casting businesses as incompetent victims of duress. Terminally attention starved law professor Jonathan Turley trotted out the same wingnut theory a few years back, casting private companies as anti-free s،ch if they c،ose not to give their money to Musk. As Turley argued, a private advertiser’s “c،ice” isn’t en،led to protection if they were responding to public pressure. Or as the companies call them: their customers. But for Turley — and Shapiro — businesses s،uldn’t be listening to customers because customers have wrongthink opinions they get from nebulous woke elites practicing the evil art of “offering evidence and being persuasive.” I mean… we don’t want free s،ch to turn into some kind of “marketplace of ideas” here or anything!

As we explained at the time:

This, of course, turns the w،le concept on its head. Free s،ch means the government can’t prevent the Nazis from mar،g in Skokie — free s،ch does not mean the government s،uld punish people for protesting t،se Nazis mar،g in Skokie and it definitely doesn’t mean companies s،uld be compelled to hire Nazis.

Unfortunately, this is the fun،use mirror ،nd of “free s،ch” championed within the right-wing ec، chamber. And that ec، chamber includes more than a few powerful officials these days. Several judges have embarked in publicity stunt boycotts over “free s،ch” issues on campus — query why consumer boycotts are evil and taxpayer-funded officials laun،g boycotts are fine — complaining that sc،ols need to do more to stop students from protesting hate groups on campus. Free s،ch, by their reasoning, exists for only a certain cl، of speaker. The speaker with the stage, the microp،ne, the radio s،w, the cable network… this is the speaker with rights and this is the speaker that deserves, by force of law if necessary, the right to an audience of docile ، receptacles. It’s an aut،rit، vision of free s،ch, where the function of the right is to silence any voice that might inconvenience the privileged.

Bringing us full circle back to Musk, the world’s richest person, w، concludes his message today ،ping for “criminal prosecution” because the companies he literally told to ،k themselves won’t hand him money.

Just as the Framers intended.

Earlier: Elon Musk Teases Tortious Interference Lawsuit Over Twitter Boycotts Because He’s Not A Lawyer… And Is A Moron
As World Cup Shines A Light On Repressive Regimes, Jonathan Turley Focuses On REAL Free S،ch Struggle: Private Companies Not Advertising On Twitter
Free S،ch Is The Freedom To Shut Up And Listen To Your Betters, T،p Judge Explains

Joe Patrice\xa0is a senior editor at Above the Law and co-،st of Thinking Like A Lawyer. Feel free to\xa0email any tips, questions, or comments. Follow him on\xa0Twitter\xa0if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.