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Column: With lawsuit against advertisers, Elon Musk plumbs new depths of asininity

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Column: With lawsuit against advertisers, Elon Musk plumbs new depths of asininity

Let’s play a parlor game titled “What’s the dumbest thing Elon Musk has ever done?”

Is it promoting tweets from outspoken antisemites and racists on X, formerly Twitter, the social media platform he owns? Embracing antisemitic tweets himself?

Or was it, telling some of the largest corporations in the world to, um, perform a sexual act on themselves because they stopped advertising on the platform? (Warning: Link not safe for work.)

Maybe the top prize goes to his reinstating thousands of accounts of Nazis, white supremacists and disinformation purveyors that had been banned from Twitter by its previous management?

We tried peace for 2 years, now it’s war.

— Elon Musk announces a lawsuit against companies that refuse to place ads on X

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Actually, my vote goes to the federal lawsuit X filed on Aug. 6 accusing big advertisers of colluding in a boycott of the platform, ostensibly because they disapprove of its content.

The filing was announced in a video tweet by Linda Yaccarino, the chief executive of X. Yaccarino’s hostage-like affect and her theatrical hand-wavings in the video are so eerie that some viewers speculated, also on X, that the video is an AI-generated deepfake. And why not? Musk himself promoted on X a deepfake fabricating a purported speech by Kamala Harris with the words, “This is amazing.”

The lawsuit targets the World Federation of Advertisers, a networking organization for big advertisers. It specifically names WFA and four companies — the Danish energy company Ørsted, CVS Health and the consumer companies Unilever and Mars. Why it singles out those companies isn’t entirely clear, though it’s notable that they are members or have leadership positions in the Global Alliance for Responsible Media.

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GARM, as the lawsuit asserts, was founded to establish brand safety standards for advertisers on X and other social media platforms. In other words, standards to help advertisers keep their messages from showing up alongside posts and accounts promoting hate speech and other noxious messages.

The lawsuit and Yaccarino’s video assert that the advertisers colluded through GARM to boycott X, depriving it of its lifeblood, advertising revenue. “That puts your global town square, the one place that you can express yourself freely and openly, at long-term risk,” Yaccarino said.

Leaving aside this rather inflated and anachronistic description of X — its status as a “global town square” hasn’t survived Musk’s acquisition of the platform in 2022 — the idea that you can sue corporations for deciding not to advertise with you is beyond absurd.

A couple of points about all this:

First, the lawsuit piggybacks on a report issued last month by the Republican staff of the House Judiciary Committee, which is chaired by that outstanding blowhard, Rep. Jim Jordan of Ohio. One in an ever-lengthening line of useless, conspiracy-addled reports from the GOP House caucus — see, for example, its ignorantly anti-scientific screeds about the origins of COVID — this one was oh-so-cleverly titled “GARM’s Harm” and claimed that GARM members colluded to put X out of business.

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“I was shocked by the evidence uncovered by the House Judiciary Committee that a group of companies organized a systematic illegal boycott against X,” Yaccarino says, ludicrously.

More to the point, this lawsuit reflects Musk’s habit of blaming X’s financial ills on everyone but himself. Over the last year or so, X has sued the watchdog organizations Media Matters for America and the Center for Countering Digital Hate for trying to “censor” X by asserting — inaccurately, X says — that the platform has become a haven for pro-Nazi content and other hate speech.

Musk also threatened to sue the Anti-Defamation League for purportedly pressuring companies to stop advertising on X because of the apparent rise in hate speech. That lawsuit never materialized. The Media Matters lawsuit is pending. The case against CCDH was thrown out by U.S. Judge Charles R. Breyer of San Francisco in March. More on that in a moment.

Put it all together, and it appears that Musk doesn’t realize that X needs advertisers more than they need X. The platform was generally an also-ran as an advertising medium online, trailing Meta and Google. Under Musk, it may have fallen further behind.

The first hint of the cynicism attending this lawsuit comes from where it was filed. As X notes in its complaint, among the defendants the World Federation of Advertisers is headquartered in Belgium, Ørsted in Denmark, Unilever in London, Mars in Virginia and CVS Health in Rhode Island. X itself is headquartered in San Francisco.

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So of course Musk filed the lawsuit in Wichita Falls, a North Texas community with a population of 102,000, which makes it the 39th-largest city — in Texas. What Wichita Falls does offer litigants of a certain ideological slant, however, is a one-judge federal court.

That judge is Reed O’Connor, a right-wing George W. Bush appointee whose hit parade includes rulings invalidating government anti-discrimination laws protecting transgender rights, blocking a COVID vaccine mandate for Navy SEALs and declaring the entire Affordable Care Act unconstitutional. (That last ruling was overturned by the Supreme Court, 7 to 2.)

O’Connor, by the way, is also presiding over the lawsuit against Media Matters. A year ago he reported owning shares worth $15,001 to $50,000 in Tesla, the electric vehicle company Musk controls.

Unsurprisingly, none of these lawsuits alludes, even in passing, to the possibility that the steep decline in revenues or advertising from major consumer firms at X might have something to do with Musk’s policies and behavior.

The lawsuits generally describe their goal as the protection of free speech and open debate online, and present X as the innocent target of one cabal or another.

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Judge Breyer in San Francisco made short of that claim in his dismissal of the lawsuit against CCDH; indeed, he found that the shoe was on the other foot. “This case is about punishing the Defendants for their speech,” he ruled. (My emphasis.) He rejected X’s assertion that it had lost “at least tens of millions of dollars” because of CCDH’s reports of the presence of hate speech on X, finding that the platform couldn’t document that its losses were traceable to CCDH reporting or that the money could be recovered even if it could do so.

“X Corp.’s motivation in bringing this case is evident,” Breyer ruled. “X Corp. has brought this case in order to punish CCDH for CCDH publications that criticized X Corp. — and perhaps to dissuade others who might wish to engage in such criticism.” X’s demand for tens of millions of dollars in compensation, he found, seemed designed to “torpedo the operations of a small nonprofit … because of the views expressed in the nonprofit’s publication.”

That brings us to the new lawsuit, against the World Federation of Advertisers and the four corporations. These are defendants that might not blanch at the cost of defending what might be a frivolous lawsuit, but at some level it seems to have made them nervous: The federation said last week that it is “discontinuing” the Global Alliance for Responsible Media.

Musk and his peanut gallery crowed that this represented a victory, but it’s hardly that. The four corporate defendants — like any members of the federation or GARM — always have the right to make their own decisions about where to place their ads. Indeed, it’s inconceivable that a $60-billion multinational such as Unilever would cede those decisions on its hundreds of brands, which include Ben & Jerry’s, Dove beauty products and Hellmann’s mayonnaise, to outsiders.

It’s true that GARM developed standards to help members assess whether they wanted their ads to appear on social media platforms and methods to ensure that the platforms understood the brands’ concerns. It’s also true that advertisers expressed concerns after Musk’s acquisition, and his firing of most of the staff responsible for trust and safety at X, that the chances their ads would end up cheek by jowl with posts from malodorous tweeters would rise.

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But the GOP report acknowledges that GARM offered advice, not mandates, and that its advice was typically solicited by the advertisers themselves. What may have irked the Republicans and Musk is that most of the content that scared advertisers away tended to come from the right-wing fever swamp, which no self-respecting corporation would want to be seen endorsing.

One variety of content involved claims that evidence found on a laptop purportedly belonging to Hunter Biden, the president’s son, suggested Hunter was involved in wrongdoing. “Unilever, through GARM, … expressed issues with Mr. Musk exposing the truth about how Twitter, prior to Mr. Musk’s acquisition, censored the Hunter Biden laptop story,” the GOP report says.

The Biden allegations are cherished by the Republican right wing even though no connection to President Biden has ever been established. The GOP report says claims that “incriminating evidence about the Biden family’s influence peddling was found on Hunter Biden’s laptop … have since been authenticated,” which is untrue; that only underscores that the GOP report was a partisan smear, and not something on which X should rest its legal case.

In any event, the GOP report acknowledges that Unilever is “free to unilaterally stop spending its advertising money on [X],” which apparently has happened. Shed a tear for Musk, if you’re so inclined.

Musk may have turned into the biggest obstacle to the survival of X. Directing a profane insult at big advertisers and treating their refusal to spend their ad dollars at his hobbyhorse as “blackmail,” as he did in November, is hardly a way to cozy up to them.

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Musk tried a charm offensive this summer at the Cannes Lion Festival, which brings together international advertisers, telling them they “have a right to appear next to content that they think fits with their brand.” But whatever goodwill he might have generated then evaporated last week with his lawsuit. “We tried peace for 2 years, now it’s war,” he said in announcing the lawsuit.

Meanwhile, Musk’s behavior gets worse. Just last week, the CCDH, freed from the financial burden of defending itself against his lawsuit, reported that his “false or misleading claims about the U.S. elections” have been viewed nearly 1.2 billion times on X, “with no fact checks” such as the “community notes” that often debunk disinformation from other accounts.

Why would any advertisers hoping to attract and keep customers want their ads to be seen on a platform that has become a source of informational sewage? To ask the question is to answer it.

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U.S. Steel C.E.O. Says Nippon Deal Will Strengthen National Security

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U.S. Steel C.E.O. Says Nippon Deal Will Strengthen National Security

The chief executive of U.S. Steel said on Tuesday that the proposed takeover of the company by Nippon Steel of Japan would strengthen America’s national security, and he expressed confidence that the federal government would allow the deal to close despite bipartisan calls to block it.

Rebutting concerns from lawmakers and the steelworkers’ labor union about the transaction, the executive, David Burritt, argued that if the acquisition moved forward, the new company would benefit the U.S. economy and allow the United States and Japan to better compete with China in global steel markets.

“By the time we’re done doing all the analysis, it’s very clear that it strengthens national security, economic security and job security,” Mr. Burritt said. “This deal will close on its merits.”

His comments, made at the Detroit Economic Club, came as U.S. Steel has been facing a political storm over Nippon’s $15 billion takeover bid. Top Republicans and Democrats, including President Biden, Vice President Kamala Harris and former President Donald J. Trump, have said that the iconic steel maker should remain American owned and operated. The United Steelworkers union has accused Mr. Burritt of misleading workers and trying to get a lucrative exit package that would come from selling the company.

The transaction has also become tangled with swing state politics, as U.S. Steel is based in Pennsylvania, which could help to determine the outcome of the November presidential election.

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The Committee on Foreign Investment in the United States, which is reviewing the agreement, has warned the companies that the merger could pose risks to American national security. The interagency panel has yet to make a recommendation to the president about whether the deal should be blocked.

The Biden administration signaled this month that it was preparing to block the deal before November. Following public criticism from business groups that the review process was being politicized, officials suggested last week that a decision could be delayed until after the election.

Mr. Burritt dismissed the negative talk about the deal on Tuesday and insisted that it would benefit American workers.

He also laid out the implications for U.S. Steel if the deal were to be blocked. Mr. Burritt said the company would continue to focus its resources on “mini mills” that it operates in the South rather than the larger facilities in Pennsylvania and Indiana that Nippon has said it will upgrade.

Describing the company’s current strategy as “better, not bigger,” Mr. Burritt said, “with Nippon, it would be better and bigger.”

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Mr. Burritt has warned that the company could lay off workers and relocate its headquarters outside Pennsylvania if the deal were blocked.

Critics have said that the deal could threaten national security by ceding a key part of America’s manufacturing supply chain to a foreign-owned company. Biden administration officials have also raised concerns that if Nippon controls U.S. Steel, it could raise objections to American tariffs on steel imports.

Mr. Burritt noted that Japan is America’s closest ally in Asia and argued that the deal would curb China’s steel dominance.

“Bringing Nippon’s expertise with U.S. Steel’s footprint here in the United States — that investment coming in — gives us an opportunity to really compete with China,” he said.

Nippon’s bid for U.S. Steel, which was accepted in December, continues to face strong opposition from the powerful steelworkers’ union. The union has expressed fears about the future of its pension program and raised doubts that Nippon will make the investments in U.S. Steel facilities that it has promised.

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In a letter to its members on Tuesday, the leaders of the steelworkers’ union reiterated their problems with Nippon’s proposal.

“The U.S. government should reject the deal for obvious and important national defense reasons, and U.S.S. can remain an independent company,” David McCall, president of United Steelworkers, and Mike Millsap, chairman of the negotiating committee, said in the letter. “We must remain united as we fight to keep U.S. Steel an American steel company that is domestically owned and operated.”

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Video: Boeing Union Members Vote to Strike

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Video: Boeing Union Members Vote to Strike

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Boeing Union Members Vote to Strike

Thousands of machinists and aerospace workers walked off the job on Friday, after rejecting a proposal that would have delivered raises and improvements to benefits but fell short of what the union initially sought.

“Strike! Strike! Strike! Strike!” “This is about respect. This is about addressing the past. And this is about fighting for our future. Our members rejected the contract by 94.6 percent. And they voted to strike by 96 percent. We will be back at the table whenever we can get there to drive forward on the issues that our members say are important. Congratulations, machinists.”

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Beverly Hills is dragging its heels on a new building. The governor says: Build it

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Beverly Hills is dragging its heels on a new building. The governor says: Build it

California officials are turning the screws on the city of Beverly Hills, where approval of a new hotel and apartment complex is moving too slowly for state housing bosses and the governor.

The lightning rod is a planned mixed-use development near Wilshire Boulevard that has been brought forth under a state law intended to force cities to add more housing whether they like the proposals or not.

The 19-story building on Linden Drive by local developer Leo Pustilnikov would be big by Beverly Hills standards and include a 73-room hotel and restaurant on the first five floors. Plans call for the higher floors to contain 165 apartments including 33 units reserved for rental to lower-income households.

The project so far has failed to pass muster with city planning leaders, who say Pustilnikov hasn’t provided all the details about the project that the city requires to consider approval.

Pustilnikov has pioneered a novel interpretation of a state law known as the “builder’s remedy” to push cities to allow development projects at a size and scale otherwise barred under zoning rules.

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As part of their efforts to tackle California’s housing shortage and homelessness crisis, legislators recently beefed up the law, by giving developers leverage to get large proposals approved so long as they set aside a percentage for low-income residents.

Last month the state Department of Housing and Community Development backed Pustilnikov in a “notice of violation” to the city, saying it was violating state housing laws by holding up the project.

“The City Council should reverse its decision and direct city staff to process the project without further delay,” the state notice said, referring to a council vote in June to delay the approval process.

Gov. Gavin Newsom piled on in a statement, saying that the city is violating the law by “blocking” the proposal and referring to opponents of the project as NIMBYs — a highly charged acronym for “not in my backyard” that refers to homeowners who resist development projects in their neighborhoods.

“We can’t solve homelessness without addressing our housing shortage,” the governor said. “Now is a time to build more housing, not cave to the demands of NIMBYs.”

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Beverly Hills already faced pressure to approve the Linden project before the state’s letter. In June, Californians for Homeownership, a nonprofit affiliated with the California Assn. of Realtors, sued the city in Los Angeles County Superior Court for not advancing the development.

Some residents in the neighborhood south of Wilshire Boulevard are up in arms about the scale of the project that is designated to fill a parking lot at 125-129 S. Linden Drive between a five-story office building and low-rise apartment buildings.

“None of us are opposed to affordable housing,” said Kenneth A. Goldman, president of the Southwest Beverly Hills Homeowners Assn., but “you don’t have to be a NIMBY to say that’s just so far out of line.”

It would be almost four times taller than the five-story height limit the city has on its books and could threaten the neighborhood’s “quiet lifestyle,” Goldman said. The construction period would be “hell,” he added.

The city has until Sept. 20 to respond to state housing officials and indicated in a statement that the delay was due in part to Pustilnikov changing the original all-residential proposal to include the hotel. It is a switch that could offer a financial coup for the developer in a tourist-friendly city, where getting permission to build a new hotel is a tall order.

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Last year Beverly Hills voters decided to rescind the City Council’s approval of an ultra-opulent hotel called Cheval Blanc on the edge of Rodeo Drive after French luxury retailer LVMH spent millions of dollars planning the project.

Of the Linden Drive proposal, the city said in a statement, “The project has not been denied.”

“What was originally submitted as a purely residential project has now morphed into a 73-room hotel and restaurant project with 35 fewer residential units, including a reduction of 7 affordable units,” it said.

When the application is complete, the city said, a public hearing will be held, followed by Planning Commission review and potential approval by the City Council.

That process may be complicated by Pustilnikov’s stated intention to sell his interest in the Linden Drive property as part of a Chapter 11 bankruptcy proceeding involving another of his real estate projects.

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In 2018, Pustilnikov purchased a 50-acre parcel on the Redondo Beach waterfront that is the site of a defunct power plant. The property is controlled by entities owned by Pustilnikov and a business partner, Ely Dromy. Using the builder’s remedy law, the pair has advanced a massive mixed-use project for the site with 2,700 apartments as its centerpiece. In court documents, Pustilnikov estimates that the development, if completed, would be worth $600 million.

The effort has been stymied amid fights with the city of Redondo Beach, the California Coastal Commission and AES Corp., the owner of the power plant. In late 2022, AES threatened to foreclose on Pustilnikov. To stave that off, one of the entities that own the site filed for bankruptcy.

In a recent filing in the case, Pustilnikov and Dromy said they will sell the Linden property for $27.5 million to help preserve their ownership of the power plant site.

However, a representative for Pustilinkov, Adam Englander, said in a statement that is not necessarily the case.

Instead, more investors may be brought in to the Redondo Beach property and a developer with luxury hotel experience may become a partner in the Linden project, Englander said.

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“It is not anticipated,” Englander said, that the Linden project “in its current form, will be sold prior to completion.”

Pustilnkov has put forward plans to build nearly 3,500 apartment units — 700 of them dedicated as low-income — across a dozen projects in Beverly Hills, Redondo Beach, Santa Monica and West Hollywood under the builder’s remedy. The Linden project is one of seven he’s planning in Beverly Hills alone.

The builder’s remedy provides few avenues for city councils to deny the developments. But because it’s legally untested and separate state environmental laws still apply, projects are not a slam dunk. None of Pustilnikov’s proposals have been approved.

Cities are subject to the law if they do not have state-approved blueprints for future growth. Every eight years, the state requires communities to design a zoning plan accommodating specific numbers of new homes, including those set aside for low- and moderate-income families.

In the current eight-year cycle, Beverly Hills struggled to get a plan that passed muster. Elected officials and residents balked at the city’s requirement to make space for 3,104 homes, saying that doing so would unalterably change the community’s character.

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The city blew multiple deadlines and was sued by Californians for Homeownership. In December, a L.A. County Superior Court judge ruled that Beverly Hills could no longer issue any building permits — including those for pools, kitchen and bathroom remodels and other renovations — because of its failure.

The city appealed the ruling and continued to process permits in the meantime, but the decision sparked alarm among civic leaders. In May, the state approved a revised housing plan for Beverly Hills, ending the threat of the permit moratorium.

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