Elon Musk will have to go to trial after a federal judge rebuffed his latest request to throw out a defamation lawsuit filed by a British cave diver Musk referred to as a “pedo guy.”
U.S. District Judge Stephen Wilson in Los Angeles on Monday ruled that a jury will have to decide whether Musk was negligent for failing to check that statements he made in his tweets and “off-the-record” emails were true. The Tesla CEO’s accusations, the judge said, were not germane to any public controversy involving Vernon Unsworth, which might have entitled him to a free-speech defense.
Musk started his public spat with Unsworth last year after the caver said in an interview on CNN that a mini-submarine Musk had sent to Thailand to help in a rescue of a group of boys trapped in a cave was a “PR stunt.” Unsworth added that Musk could “stick his submarine where it hurts.” The judge said he would issue a written ruling later. However, by throwing out Musk’s 1st Amendment defense that he was engaging with a public figure in a public controversy, Unsworth doesn’t have to prove Musk acted with actual malice to win his defamation claim.
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