Even Twitter isn’t claiming that Media Matters somehow broke their algorithm (unsurprisingly, since that makes Twitter look terrible):

The lawsuit filed Monday accuses Media Matters of publishing a report that distorted the likelihood of ads appearing beside extremist content on X, a move the social media company says led major and influential advertisers to suspend their campaigns en masse. The company alleges that the group’s testing methodology was not representative of how real users experience the site and calls for a judge to force Media Matters to take down the analysis.

The case appears to be a “bogus” attempt to chill criticism in a way that “flatly contradicts basic First Amendment principles,” Ted Boutrous, a First Amendment attorney with years of experience dealing with the tech industry, told CNN. Boutrous added that the case could backfire for X in the discovery phase, as Media Matters could demand internal information that, if presented at trial, could prove embarrassing or highly damaging to the social media company.

The lawsuit also contains “fatal flaws” by conceding that ads did, in fact, appear beside extremist content, regardless of how Media Matters achieved that result, according to Steve Vladeck, a law professor at the University of Texas and a CNN contributor.

“The complaint admits that the thing Media Matters was making a big deal about actually happened,” Vladeck said. “Most companies wouldn’t want their ads running next to neo-Nazi content even once, and wouldn’t care about the exact percentage of users who were encountering such side-by-side placement.”

Contrary to the complaint, Media Matters “never claimed that what it found was typical of other users’ experience,” Vladeck added.

https://www.cnn.com/2023/11/21/tech/elon-musk-texas-lawsuit-media-matters/index.html