Elon Musk's social media platform, X (formerly Twitter), has revised its terms of service to require that any disputes from users be resolved in a federal court in Texas known for favoring conservative litigants. These new terms, set to take effect on November 15, stipulate that lawsuits against X must be filed exclusively in the U.S. District Court for the Northern District of Texas or in state courts located in Tarrant County.
While it's common for companies to specify the jurisdiction for legal disputes in their terms of service, the selection of the Northern District of Texas is particularly noteworthy, especially since X's headquarters is not located within that district. Following its relocation from San Francisco, X is now based in Bastrop, Texas, near Austin. The federal court serving that area is in the Western District of Texas, which has fewer Republican-appointed judges compared to the Northern District. This has led to accusations of "judge-shopping," with Democratic lawmakers claiming that the venue choice aligns with conservative interests.
"It’s hard to imagine that’s unrelated to this new language," said Stephen Vladeck, a law professor at Georgetown University, referring to the recent updates in X's terms.
X has not commented on the changes. Under Musk's leadership, the platform has increasingly aligned itself with conservative causes, and Musk has emerged as a significant financial supporter of Donald Trump as he campaigns for the upcoming presidential election on November 5.
The Northern District of Texas is already the venue for two lawsuits initiated by X. One of these suits targets Media Matters, a liberal watchdog group, following reports that ads appeared alongside posts promoting Nazism. X has accused Media Matters of defamation in connection with this incident, with the trial set to take place in Fort Worth next year. Media Matters has labeled the lawsuit as without merit.
In addition to the Media Matters lawsuit, X has filed an antitrust suit against several advertisers, alleging that they conspired to initiate a boycott that has led to revenue losses. Both of X's cases were initially assigned to U.S. District Judge Reed O’Connor, who has previously made headlines for declaring the Affordable Care Act unconstitutional, a ruling that was later overturned. He has also blocked Biden administration initiatives related to gun control and LGBTQ+ rights.
O’Connor, appointed by former President George W. Bush, recused himself from X's antitrust case after it was reported that he held shares in Musk's other company, Tesla. However, he has not stepped aside from the Media Matters case, where he remains the presiding judge along with Mark Pittman, a judge appointed by Trump.
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