For legal disputes, Elon Musk’s X picked a venue far from Texas HQ
By changing his company’s terms of service, Elon Musk has ensured that lawsuits against X will be heard in courthouses that are a hub for conservative judges.

By Tobi Raji
November 10, 2024 at 10:00 a.m. EST

Tech billionaire Elon Musk has chosen a sprawling federal court district in northern Texas to resolve all lawsuits filed against X, the social media platform he owns that was formerly known as Twitter. ... The decision ensures that such lawsuits will be heard in courthouses that are a hub for conservatives, which experts say could make it easier for X to shield itself from litigation and punish critics.

It’s typical for companies to specify in their terms of service where lawsuits against them may be filed. But the businesses usually have a clear connection to the chosen court district, experts say. For example, Instagram, headquartered in Menlo Park, California, says all lawsuits against the company should be filed in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, California, which is home to Menlo Park. ... But under X’s new terms of service, which take effect Nov. 15, lawsuits against the social media platform must be filed in the U.S. District Court for the Northern District of Texas — not the Western District of Texas, where the company is headquartered.

Georgetown University law professor Steve Vladeck accused Musk of “quintessential forum shopping” — the practice of identifying a court or district where one believes they will receive a favorable ruling. He noted that 10 of the 11 active judges in the Northern District were appointed by a Republican president, compared with six of 11 judges in the Western District of Texas. ... “Whoever wrote these terms of service appears to believe that conservative judges are more likely to rule for X in the typical case than randomly selected judges across the country,” Vladeck said.

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The company’s new home state has been a gathering place for conservative litigants seeking to challenge Biden administration policies on abortion, LGBTQ+ rights, immigration and gun control, among other hot-button issues. The Northern District of Texas, in particular, has become a hub for these kinds of lawsuits.

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By Tobi Raji
Tobi Raji covers the federal judiciary and the Supreme Court as a part of The Washington Post's Opportunity Program. She was previously a researcher for The Early 202, a pre-dawn newsletter about the nation’s major power centers, including the White House, Congress and the Supreme Court. She joined The Post in 2021.follow on X @tobiaraji