Musk Gets Defamation Suit Tossed After Man Wrongly Identified

March 20, 2026, 7:17 PM UTC

Elon Musk won’t have to face a defamation case from a man he had accused on Twitter of participating in a brawl in Portland, Oregon, between right-wing extremist groups.

The Texas Court of Appeals, Third District, on Friday reversed a state trial court judge, finding that Musk’s 2023 comment on Twitter that falsely identified Benjamin Brody as a person involved in the fight wasn’t actionable as defamation.

A “‘simple expression of opinion’” based on assumed nondefamatory facts isn’t “‘sufficient for an action of defamation, no matter how unjustified and unreasonable the opinion may be or how derogatory it is,’” the ...

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.