'Victory for free speech': Judge blocks far-right Texas AG Paxton’s probe of Media Matters

16 April 2024

X CEO Elon Musk has been in a battle with Media Matters for America, claiming that the publication manipulated X data to harm the social media platform's advertising business. And far-right Texas Attorney General Ken Paxton, in November 2023, separately launched an investigation of Media Matters that Paxton's critics have slammed as misleading and heavy-handed.

Paxton, in his lawsuit against Media Matters, claims that it violated Texas' Deceptive Trade Practices Act, which forbids "disparaging the goods, services, or business of another by false or misleading representation of facts." And Paxton has been seeking a variety of Media Matters documents via a Civil Investigative Demand (CID).

But U.S. District Judge Amit Mehta, according to Ars Technica, has ordered a preliminary block of Paxton's CID — which Media Matters considers both invasive and a violation of the U.S. Constitution's First Amendment.

Ars Technica's Ashley Belanger reports, "Paxton had requested Media Matters' financial records — including 'direct and indirect sources of funding for all Media Matters operations involving X research or publications' — as well as 'internal and external communications' on 'Musk's purchase of X' and X's current CEO Linda Yaccarino."

Paxton "also asked for all of Media Matters' communications with X representatives and X advertisers," Belanger adds.

The report continues:

"But perhaps most invasive, Paxton wanted to see all the communications about Media Matters' X reporting that triggered the lawsuits, which, as U.S. District Judge Amit Mehta wrote in an opinion published Friday, (April 12), was a compelled disclosure that 'poses a serious threat to the vitality of the newsgathering process.'"

According to Mehta's ruling, the judge was troubled by the fact that "Media Matters' editorial leaders have pared back reporting and publishing, particularly on any topics that could be perceived as relating to the Paxton investigation."

As Texas attorney general, Paxton has been a controversial and incredibly divisive figure — even among fellow Republicans.

After the 2020 presidential election, Paxton — a Donald Trump ally who, in 2023, survived a bipartisan impeachment effort in the Texas State Legislature — filed a lawsuit that tried to throw out millions of votes in four states that President Joe Biden won: Pennsylvania, Georgia, Michigan and Wisconsin. But the U.S. Supreme Court rejected Paxton's lawsuit in December 2020.

Paxton's lawsuit against Media Matters, critics say, raises major constitutional concerns.

"According to Mehta's order," Belanger reports, "Paxton did not contest that Texas' lawsuit had chilled MMFA's speech. Further, Paxton had given at least one podcast interview where he called upon other state attorneys general to join him in investigating MMFA."

Mehta, in his ruling, wrote Paxton acted inappropriately when he "projected himself across state lines and asserted a pseudo-national executive authority."

The judge also noted Paxton's characterization of Media Matters as "radical anti-free speech" and a "radical left-wing organization." And Mehta also saw "evidence of retaliatory intent" on the Texas attorney general's part.

Media Matters has praised Mehta's ruling as a triumph for free speech.

In an official statement, Media Matters and its CEO Angelo Carusone said, "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 that took up the call and he was defeated. Today's decision is a victory for free speech.

Read Ars Technica's full report at this link.

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