That is true, however Musk's suit is likely even more difficult to prove than that. It's not good enough that it be provably false (and the law puts a heavy emphasis on the word provably there).

For a public figure suing anyone over claims like this, he would need to prove "actual malice" which typically means that not only was it provably false, but that the entity making the claim KNEW it was false, and decided to say it anyway.

So Musk will likely have to prove that Media Matters article was a matter of fact (and not an opinion), prove that the fact they claimed was false, and prove that they knew it was false before publishing it.

That's a VERY high bar.

It's not a lawsuit until he files it.

It's just random words from the Twitter king for now. I think that it will be a difficult case and that the Lawyers will shy away from trying to go through with that insanity.

Legal threats from a non-lawyer have very, very low risk. People only pay attention when an actual lawyer is involved.

And he has a very strong case it seems.

What lawsuit? All I see is a scared CEO flapping his lips about using the legal system to chill the free speech of a group he does not like for calling out his Naziesque rhetoric. It is now well past "The split second court opens on Monday," and yet, no lawsuit. It's almost like he doesn't actually have a case.

When you can provide a court and a docket number for that lawsuit, we can treat it a real thing that exists rather than empty threat that doesn't because it would have no merit and probably also subject Musk to penalties under the applicable anti-SLAPP laws.

It doesn't look like The "thermonuclear lawsuit" he was going to launch the "split second court opens", has happened.

/S/

I am shocked, shocked I say. Musk usually seems so cool headed and not prone to constantly spewing hyperbole and bullshit.