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.”
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:
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.
