After seeing his contract with X terminated after just one episode, Don Lemon sued Elon Musk. Now, a judge has ruled that the lawsuit can go to trial.
On Tuesday, San Francisco Superior Court Judge Harold E. Kahn ruled in favor of Lemon that the trial should proceed.
“The ruling means Don can hold X and Musk accountable in open court,” Carney Shegerian, an attorney for Lemon, said after the ruling. “Musk is subject to the legal process, just like everyone else, and that’s important. There’s no question about Musk’s motives and liability, as documented in his own texts and on X for millions to see.”
Don Lemon filed a lawsuit in August of last year alleging fraud, misrepresentation, and misappropriation, and a breach of contract among other items, after he revealed his show that was set to air on the Musk-owned X platform had been cancelled after just one episode.
In that debut episode, Lemon participated in a contentious exchange with Elon Musk over a variety of issues. The conversation featured more than an hour of dialogue between the two, with Musk famously telling Lemon to “be careful” with his questions.
Before the first episode of the program aired, Lemon revealed that Musk had “canceled the partnership I had with X,” and had “informed me of his decision hours after an interview I conducted with him.” In his defense, Musk argued that Lemon’s interview was “lacking authenticity” and claimed Lemon was asking questions under the direction of former CNN chief Jeff Zucker. Elon Musk added that he felt the interview was “basically just CNN but on social media,” which he did not approve of.
At the time of the cancellation, Elon Musk and his X platform defended the decision.
“X is a platform that champions free speech, and we’re proud to provide an open environment for diverse voices and perspectives. The Don Lemon Show is welcome to publish its content on X, without censorship, as we believe in providing a platform for creators to scale their work and connect with new communities,” a statement from the company read.
“However, like any enterprise, we reserve the right to make decisions about our business partnerships, and after careful consideration, X decided not to enter into a commercial partnership with the show.”
The trial is set to continue at a yet-to-be-determined date.
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