A U.S. appeals court on Friday ruled unanimously in favor of Media Matters for America, a progressive media watchdog organization, blocking a Texas attorney general’s attempt to investigate the firm for its reporting about brand safety concerns on X.
Texas AG Ken Paxton opened an investigation into Media Matters in late November of 2023, after the organization published a report showing ads from major brands appearing next to antisemitic and white supremacist content on the social platform formerly known as Twitter.
Media Matters’ report sparked a wave of advertiser pullback, which angered X owner Elon Musk. Musk then sued Media Matters, alleging the group knowingly manipulated data to push a damaging narrative about brand safety on the platform.
On the same day that Musk filed suit, Texas’ Paxton kicked off a probe into Media Matters, alleging it “fraudulently manipulated data on X.com.”
A district court granted Media Matters a preliminary injunction, which blocked Paxton’s attempt to enforce a pre-litigation subpoena.
Now, the U.S. Court of Appeals for the District of Columbia Circuit affirmed an earlier decision from a district court to block Paxton’s subpoena attempt, calling the effort an “arguably bad-faith investigation.”
The court ruled on First Amendment grounds, determining that Media Matters’ statements about X constitute protected free speech.
“Paxton’s contention that Appellees’ conduct is not constitutionally protected because their articles were deliberately designed to mislead consumers about X is meritless,” the court wrote in a 34-page ruling issued today. “The record is utterly devoid of evidence to support such a claim.”
The court added that Media Matters’ “reporting on public issues are quintessential First Amendment activities.”
In response to the decision, Media Matters President and CEO Angelo Carusone said in a statement: “Elon Musk encouraged Republican state attorneys general to use their power to harass their critics and stifle reporting about X. Ken Paxton was one of those AGs who took up the call, and his attempt to use his office as an instrument for Musk’s censorship crusade has been defeated. Today’s decision is a victory for free speech.”
The Texas Attorney General’s Office did not respond to ADWEEK’s request for comment by press time.
