The lawsuit involving Musk and Media Matters for America (MMFA) raises claims of political motivation by the FTC in support of Musk's campaign. Musk has chosen to file his case in Texas, aiming for favorable treatment, despite MMFA's opposition to venue shopping. MMFA has purportedly demonstrated substantial damage and argues that loss of First Amendment freedoms denotes irreparable harm. The FTC's claims regarding self-inflicted harm may undermine its position as it pursues an appeal, potentially weakening its case.
Perhaps the Defendants will establish otherwise later in these proceedings," Sooknanan wrote. "But at this stage, the record certainly supports that inference," that the FTC was politically motivated to back Musk's fight.
Media Matters, however, has "easily met" requirements to show that substantial damage has already been done—not just because MMFA has struggled financially and stopped reporting on X and the FTC—but because any loss of First Amendment freedoms "unquestionably constitutes irreparable injury."
The FTC tried to claim that any reputational harm, financial harm, and self-censorship are "self-inflicted" wounds for MMFA. But the FTC did "not respond to the argument that the First Amendment injury itself is irreparable, thereby conceding it," Sooknanan wrote. That likely weakens the FTC's case in an appeal.
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