After Elon Musk was accused of defaming Ben Brody—a 22-year-old Jewish man falsely linked to a neo-Nazi brawl in tweets that Musk responded to last year—the owner of X (formerly Twitter) sat for a heated Zoom deposition where he repeatedly denied ever knowing who Brody was.
When Brody’s attorney, Mark Bankston, asked Musk if he thought he ever did anything “wrong” to Brody, Musk replied, “I don’t know Ben Brody.”
“You’re aware that Ben Brody is somebody who’s sued you, right?” Bankston asked.
“I think you’re the one suing,” Musk said, adding that he views “many cases and probably this one too that the real plaintiff is the lawyer seeking money like you.” Continually, Musk emphasized, “what I think” the defamation case is “really about is about you getting a lot of money.”
Musk filed a motion to dismiss Brody’s case in January, accusing Brody of targeting “Musk’s exercise of his freedom of speech for the improper purpose of obtaining a payment ‘exceed[ing] $1,000,000,’ to which Brody is not entitled from Musk.” In the deposition, Musk accused Bankston of attacking his free speech rights, and in the motion to dismiss, Musk argued that “the public’s discussion of the identity of perpetrators of crime would be unduly trampled by the fear of liability for merely negligent speech,” if Brody won his defamation suit.
In that petition, Musk accused Brody of targeting him because he’s a billionaire, repeatedly pointing out that Brody had not sued other X users who had specifically named Brody as an alleged brawler in blogs and on X.
Musk’s tweet, the motion to dismiss argued, only claimed that a picture of one brawler “looks like” a “college student (who wants to join the govt).” Because the photo was not actually of Brody, Musk argued, and because he never names Brody, then Brody cannot claim he was defamed.
“It is not defamatory to say someone looks like someone else—that is not an accusation of a crime,” Musk’s motion to dismiss said.
But Bankston asked Musk in the deposition if “the reason that you’re saying that it looks like one is a college student” was because of other posts that Musk had seen where right-wing influencers had named Brody as involved in the brawl, describing him as a liberal college student studying political science.
“That’s probably why I’m saying this,” Musk confirmed, while arguing that he was obviously “speculating” in the tweet, which is why he tagged Community Notes to “fact-check” his own tweet.
“I can see a picture of my brother and say that looks like my brother, but it might not be my brother,” Musk argued.
Bankston told Musk that his X post garnered more than a million views, asking Musk, “Do you think you owed it to Ben Brody to be accurate as you could?”
Musk told Bankston that he aspires “to be accurate no matter who the person is,” suggesting that while it’s possible to be harmed by people posting false information, he did not think Brody was harmed by his tweet.
“I don’t think he has been meaningfully harmed by this,” Musk said, insisting to Bankston that he could not have defamed Brody because “I have no ill will to Ben Brody. I don’t know Ben Brody.”
Brody’s complaint alleged that Musk boosting a post linking him to the neo-Nazi brawl has caused permanent reputational damage and severe emotional harm. Bankston declined Ars’ request to comment on whether Brody continues to be a target for harassment and death threats.
“People are attacked all the time in the media, online media, social media, but it is rare that that actually has a meaningful negative impact on their life,” Musk said.
Brody has asked Musk to delete his post, but Musk claims he cannot recall ever being asked. In one of the few times when Alex Spiro, Musk’s attorney, advised Musk not to respond, Musk gave no answer when Bankston asked, “If you knew right now—knowing right now Ben is really upset that this tweet is still up and that he wanted there to be a retraction, how do you feel about that?”
Bankston also confirmed that Musk’s post never got fact-checked by Community Notes and thus appears to still be boosting the misinformation.
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