(NEWSnet/AP) — A federal judge has dismissed a lawsuit by Elon Musk’s X Corp. against the non-profit Center for Countering Digital Hate, which has documented an increase in hate speech on X since Musk acquired the company.

X had argued the center’s researchers violated the site’s terms of service by improperly compiling public tweets, and that its subsequent reports on the rise of hate speech cost X millions of dollars when advertisers fled.

On Monday, U.S. District Court Judge Charles Breyer dismissed the suit, writing in his order that it was “unabashedly and vociferously about one thing”: punishing the nonprofit for its speech.

X alleged the nonprofit “scraped” its site for data, violating terms of service. But the judge found X failed to “allege losses based on technological harms” — that is, the company didn’t show how the scraping led to financial loss.

X had sought millions of dollars in damages, arguing the nonprofit’s reports led to the exodus of advertisers and the loss of ad revenue.

The judge agreed with CCDH’s argument saying X cannot seek damages for the independent acts of third parties based on CCDH’s reports, or its “speech.” X said it disagrees with the court’s decision and plans to appeal.

Center for Countering Digital Hate is a nonprofit that  publishes reports regarding hate speech, extremism and harmful behavior on social media platforms. 

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