Elon Musk says ‘pedo’ insulting the Thai cave of the caregiver is in the First Amendment-protected speech

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The SEC accuses Tesla CEO Elon Musk of securities fraud, alleging that he made false and misleading statements about plans for the company in August.

SpaceX and Tesla CEO Elon Musk moved on Wednesday to a defamation lawsuit against him dismissed, claiming that when he called a Thai-cave rescue a volunteer a “pedo” and a “child rapist,” in which First Amendment protected opinions.

“This motion comes down to a single question,” his lawyers wrote in a motion to dismiss filed on Wednesday, according to The Washington Post. “Would a reasonable reader believe that Musk statements were supported by objective facts or instead of ‘not useful advice'”?

Vernon Unsworth, the heroic British diver who helped with the rescue of 12 boys and their football coach in a Thai cave, filed a lawsuit against Musk in September seeking more than $75,000 in damages and a court order to stop the tech-entrepreneur from making further accusations.


Musk called Unsworth a “pedo” in the middle of a series of tweets to his 22 million followers on Twitter after Unsworth criticized Musk’s efforts in the construction of a small rescue submarine during a television interview.

However, Musk’s legal team reportedly argued that his insults in the direction of Unsworth, are protected by the Constitution. “The audience knew from the beginning that Remedy. the insults were not intended to be statements of fact,” the newspaper reports of the movement said.

“Here, the reasonable reader would not have believed that the Musk — without ever met Unsworth in the middle of a schoolyard spat on social media, and of 8,000 km afar — was the transfer that he was in possession of his own knowledge that Unsworth was attracted to children or involved in sexual acts with children.”


The Post reports that the motion also claims that readers would be able to see the difference between the Musk and the “off-the-cuff tweets and e-mails and other formats in which factual statements about child abuse are to be transferred, such as a newspaper exposé or a court document.

Musk’s lawyers also referred to Twitter as “a social networking site notorious for invective, and exaggeration” and a “rough and tumble” platform.

Lin Wood, a lawyer of Unsworth, told the Post in a statement Thursday, “Mr. Musk does not let the facts or the law get in the way of his novel but inaccurate contentions in his motion to dismiss.” Wood added, “I entirely reject Mr. Musk’s frivolous assertion that all judgments are published on Twitter or other social media protected speech.”


The mini-sub Musk built was never used.

Each of the boys, in the age of 11-16 years, and with no diving experience, ultimately, was accompanied by divers through rocky, muddy and water-filled passages which, in places, were no more than a crawl space.

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