Elon Musk JUST Filed a Massive Lawsuit | Full Breakdown.
FULL TRANSCRIPT
well Elon Musk is back at it again this
time Elon Musk and the ex-corporation
formerly known as Twitter are suing the
Attorney General of California now don't
get me wrong I love the idea of beating
up on California because it needs to be
beaten up on but boy I got some
reservations about this lawsuit here's
what we're gonna do I'm gonna break down
what this lawsuit is then I'm going to
go through what I think the weakest part
of this entire lawsuit is and quite
frankly when you listen to the weak part
that I reveal in my opinion it turns the
entire lawsuit on its head and makes
Elon Musk seem like a weenie baby but
let's talk about the facts first and
keep the bias out so that way the Elon
can do no wrong viewers still have
something to watch for at least a few
more minutes all right so the nature of
action here I've got the entire
complaint here I've gone through all of
it and I'm going to give you the gist of
it so basically California at the end of
2022 right around a year ago September
of 2022 past this law called assembly
Bill 587 assembly Bill 587 requires that
companies that are social media
companies which Twitter includes post
their terms of service dictated by the
government and include terms about how
content is moderate that's Twitter's
definition the actual quote though and
this is going to become very important
so listen to this quote super carefully
because you'll see why it comes up
importantly later but anyway
social media companies shall submit
quote a terms of service report end
quote that includes among other things
quote a detailed description of content
moderation practices used by the social
media company for the platform and
information about weather and if so how
the social media company defines and
moderates hate speech racism extremism
radicalization disinformation
misinformation harassment foreign policy
interference as well as blah blah other
information this is all defined under
the terms of service report definition
in AB 587
Twitter now the x-corp is basically
arguing that this violates the First
Amendment of the Constitution because it
basically requires Twitter determine
what their policy is on well what is
extremism like if we say we're going to
go peacefully protest at the you know
you know with the calls of Congress is
that extreme is that inciting violence
it basically makes Twitter have to take
a stance that's what Twitter is alleging
Twitter is alleging that they don't want
to take a stance on what is a pronoun
what is a woman what is a guy a man what
is hate speech what is racism what is
radicalization and they're basically
saying look first of all we're going to
use the Dorman uh commerce clause which
is just a fancy way of saying this is
congress's job not yours California once
again you're overstepping your
boundaries and we don't want you messing
with our Free Speech we don't want you
defining how we should view the world
and so far honestly that sounds very
reasonable and acts to their defense
they say things like look ultimately we
do not want to fall victim to this
complex dilemma which has previously
been defined uh as a criticism
potentially of ab587 which is that
social media companies might end up
being forced into too much moderation
and therefore accusations of censorship
and suppressed speech or too little
moderation and then the platform risks
fostering a toxic and sometimes
dangerous community
Twitter goes as far as then taking some
of the more left-leaning quotes and
examples from what originally got this
law passed like quotes from Anthony
Weiner uh or sorry Scott weiner
answering Scott weiner different
politician uh Scott weiner he's a
Democrat of California and taking quotes
from him suggesting that oh yeah we want
social media companies to be pressured
into taking a stance on this because if
we pressure companies social media
companies to take a stance on these
different issues uh by law then all of a
sudden we make sure that they have a
legal obligation to quote not become
engines for violent hate speech so so
far this all sounds reasonable right
Twitter's making the argument look we
don't want to take a stance on this we
shouldn't be obligated to this because a
that's congress's job B we're not here
to be your leftist weapon of liberal
defense mechanisms for whatever it is
that you want in terms of how you define
hate speech and different disinformation
or misinformation and so far when you
phrase all of x's uh arguments like this
it makes a lot of sense they go through
here and say look what is hate speech
what are gender programs what about the
fight over transgenderism and again what
what are the biological definitions
supposed to be Twitter's like look we
just want to be a platform that's
protected by section 230 of the
communications decency act which
basically says look we are a platform
not a publisher when you are a platform
you have immunity from the posts of
others as long as you follow the law in
basically moderating things that violate
the law where necessary a publisher is
like a newspaper where they can kind of
choose what they post and that limits a
Publisher's immunity because they have
Choice rather than having like a user go
post whatever they want then if a user
violates the law it's not Twitter that's
at fault it's the user that's at fault
that's basically section 230 in a very
simple recap and I'm trying to recap all
of this because I really want to keep it
simple for you because I want to get to
where I think the weak part of this is
so let me make sure I haven't missed
anything here so uh Twitter is arguing
that if they don't submit their uh
essential statement on content
moderation then they're going to be
faced with Draconian fines up to fifteen
thousand dollars in violation per day
they complain that ab587 imposes
tremendously burdensome requirements on
social media companies requiring them to
keep records about potentially hundreds
of millions of content moderation
decisions made on a daily basis and it
wouldn't be fair to require newspapers
to outline how they should reply to
editorial pieces because that would take
away the editorial freedom of newspapers
and these are just the arguments that
they're stitching together now what I'd
like to do is go back to the first page
of the actual complaint once we get past
the uh The Heading letter which
basically Elon Musk hired four probably
expensive attorneys Mr kutzabug and
Abrams and Ross Brook and Cole out of
New York who are going to be working Pro
hakoviche in California under the uh
stewardship of uh attorneys Warren and
Baker
anyway that's just the first page so the
real first page where the meat of the
matter is over here
I think there is a big weakness and I
don't know if they're just expecting the
judge to roll on this or the attorney
general not to understand it but if they
watch this video they're going to see
the weakness
and I'm going to explain it to you right
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what's the weakness and why do I think
elon's being a weenie baby here all
right first of all remember how Elon
when he bought Twitter he's like we're
going to have transparent content
moderation
bro you are literally now filing a
lawsuit complaining about how you need
to have transparent content moderation
fact case and point in your very own
complaint
that you wrote your attorneys wrote in
the first paragraph you say we are
basically upset that we have to provide
a terms of service report that includes
our content moderation policy and
keywords here information about weather
and if how so the social media company
defines and moderates hate speech
okay but wait a minute information about
weather and if
well here's a simple one Elon all you
have to do is put your terms of Services
report together and say look we moderate
where the law says we need to but beyond
that we actually don't Define these
things and we don't moderate these
things all California wants to know is
your stance now obviously I'm not an
attorney even though we have an in-house
legal counsel who sent me these uh all
of these documents and the exhibits and
I've been going through reading these on
my flight back from NorCal
my opinion as not an attorney here my
opinion is that Elon is probably trying
to skirt the requirement to post his
terms of services because he's trying to
do two things number one he's trying to
delay posting the terms of services
because they don't have the staff yet to
review the complaints and actually
manage the terms of services that they
would post because they fired too many
people
second thing is they might get backlash
if they indicate at all yeah look we
have to moderate where the law is and
then they're going to get backlash from
their base which has definitely started
leaning a little bit more to the right
so the next thing is if Elon can push
this up to the Supreme Court of the
United States and argue hey look here I
am I'm Elon I'm fighting
quote unquote the left arms of
California
then it makes him again appeal to his
base right that's basically what his
base has become and I'm trying to
present this as as neutral as far as
possible you might not know hopefully
you know because I ran for governor in
California I call myself a 59 uh or
sorry 49 51 JFK style Democrat which
means I really try to look at everything
from a middle non-bias point of view and
quite frankly I believe that Elon is
extremely stressed I think that Elon has
seen his ad Revenue declines 60 which he
himself disclosed he's blaming anything
and everyone that he can he doesn't have
the staff to moderate even the stuff he
has to by law he doesn't want to put
together terms of service report because
it's going to piss people off even
though it's not that big of a deal just
say you don't have to or or you don't as
a company to find these things it
literally you wrote it yourself if you
do disclose how you define well then
just say you don't
so maybe there's more to it and maybe I
need to go deeper into this
and that's why I'm making this video
because I really am curious about your
opinion about this am I being too
anti-elon here keep in mind like my ETF
is heavy in Tesla I'm a big Elon fan I
hope to get starlink on this jet one day
I'm a big Elon fan I think what he's
doing is great but I think he's being a
little bit of a weenie baby here and
again I want to read this to you one
last time just so you can really think
about it when you leave a comment I'm
going to read you word for word they're
they're section two here
ab587 requires large social media
companies like x-corp to post terms of
service dictated by the government and
include terms about how content is
moderated on their platforms the terms
of service requirement and submit on a
semi-annual basis to the California
attorney general a terms of service
report that includes among other things
a detailed description of content
moderation practices used by the social
media company for that platform B that
was a b information about weather and if
so how
the social media company defines and
moderates hates feature racism extremism
radicalization disinformation or
misinformation harassment and foreign
policy interference as well as
information and statistics about actions
taken by the social media company to
moderate these categories of content
well my simple thing here is our content
moderation policy is we moderate what
the law is and we'll respond to the
requests for moderation within 30 days
whatever they have a problem with that
let them comment well we want it to be
14 days and do we have a policy on hate
speech racism nope
just whatever the law is leave it there
so I don't know this lawsuit feels weeny
I almost wonder if these attorneys
especially since four of them are from
New York are like hey you want to do a
lawsuit against California we'll do it
all on contingency like basically uh you
know sign us up with an attorney in
California we'll do it all from New York
we'll do all the work and we just want
to get the pr you'll get the pr benefit
of basically complaining about
California which is really popular to do
in the rest of the country and you don't
even have to pay anything because well
you guys don't have any money anyway
because you guys are losing money hand
over fist I don't know again maybe maybe
I'm reading is totally wrong but that's
my opinion curious to hear what your
opinion is leave a comment link down
below make sure to check out stack hack
by going to stackhack.com for licensed
Financial advice and meet kevin.com for
those courses I'm building your wealth
see you soon thanks bye
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