Photo: The New York Times
Don Lemon vs. Elon Musk and X: Lawsuit Moves Forward Over Scrapped Media Partnership
A San Francisco judge ruled this week that broadcast journalist Don Lemon’s lawsuit against Elon Musk and X Corp. will move forward to trial, dealing a legal setback to the tech billionaire and his social media platform.
Lemon filed the suit in August 2024, alleging breach of contract, fraud by false promise, and violation of good faith after Musk abruptly pulled the plug on a high-profile partnership. The cancellation came shortly after Lemon taped an interview with Musk that grew increasingly tense—just days before Lemon’s new talk show was set to premiere on X.
Judge Rejects Musk's Attempt to Dismiss or Move the Case
In a decision issued Tuesday, Judge Harold Kahn of the San Francisco Superior Court ruled that Lemon’s legal claims could proceed, including the allegation that there was an “implied contract” between Lemon and X Corp., and that Musk had potentially committed fraud by making a false promise.
Musk's legal team sought to have the case dismissed entirely or moved to Texas, where Musk moved Twitter's headquarters after acquiring it. The court rejected both motions.
Attorneys representing Musk and X did not respond to media requests for comment.
Background: A Partnership Unravels After a Controversial Interview
The dispute centers around a partnership between Lemon and X Corp. to distribute his new digital show on the platform. But after Lemon conducted a wide-ranging interview with Musk—pressing him on hate speech, content moderation, and Musk’s amplification of conspiracy theories such as the "great replacement theory"—the agreement was abruptly terminated.
The timing of the cancellation led Lemon and his attorneys to allege that Musk retaliated against him for asking difficult questions, breaching an informal agreement that had already been in place for the show's launch.
During the interview, Lemon questioned Musk about:
The episode was expected to be the flagship launch of Lemon's new media venture after his departure from CNN in 2023, following controversies surrounding on-air comments and internal complaints.
Legal Trouble Mounts for Musk and X
This isn’t the only legal issue facing Musk and his platform. X Corp. is battling multiple lawsuits over:
These lawsuits have highlighted ongoing instability at X following Musk’s $44 billion leveraged buyout of Twitter in late 2022, which led to mass layoffs, sweeping content policy changes, and advertiser backlash.
What’s Next in the Lemon Case
While a trial date has not yet been set, legal experts say the court’s decision signals that Lemon’s claims have enough weight to warrant a full trial. The ruling could compel Musk or X to settle out of court—or risk further reputational damage in what may become a closely watched courtroom showdown.
If Lemon prevails, it could open the door for other former partners and collaborators to take similar legal action, especially as X Corp. continues struggling to maintain revenue and attract new users in a fragmented social media landscape.
Final Thoughts
What began as a media partnership between a prominent journalist and a polarizing tech mogul has evolved into a legal drama with implications for corporate accountability, contract law, and content governance in the digital age. As Musk doubles down on his self-styled “free speech absolutism,” the Lemon case may test where freedom ends—and responsibility begins.