A Texas judge who was assigned to hear two lawsuits involving Elon Musk’s X platform has recused himself from one of the cases, shortly after a report emerged that he owns shares in Tesla.
The report raises questions about O’Connor’s integrity and X’s motives in filing the lawsuits in this particular court. NPR reports that the federal court in North Texas, unlike many other courts where judges are randomly assigned, assigns cases to judges based on the district in which they were filed. That gives plaintiffs an unusual level of certainty about who is likely to hear their case. Neither X nor the defendants in the lawsuits are based in Texas, though Musk recently said he plans to move them to Texas. X did not immediately respond to a request for comment.
Critics have accused X of: Shopping ForumOr they look for a sympathetic judge or district to bring their case. Their argument underscores the fact that antitrust experts believe Company X would have a hard time proving that the advertiser boycott broke the law. Former Justice Department antitrust chief Bill Baer told the BBC: In general, “a politically motivated boycott does not constitute a violation of antitrust laws. Rather, it is free speech protected by the First Amendment.”
Musk’s lawsuits have already been successful in punishing opponents with legal fees. The Global Alliance for Responsible Media (GARM), an advertiser alliance created by the World Federation of Advertisers (WFA), a defendant in the X lawsuit, reportedly dissolved in the wake of the complaint. Business Insider The group reportedly felt it needed to using her limited funds to fight the lawsuit.
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