The Onion, known for its satirical content, won a bankruptcy auction earlier this month to acquire the website of conspiracy theorist Alex Jones, InfoWars, along with other associated assets. However, this acquisition has been put on hold following a temporary halt by a federal judge.
Musk’s Objection
On Monday, Elon Musk further complicated matters by objecting to the transfer of InfoWars’ X accounts to its new owners.
Ownership Claims
X Corporation, which owns the social media platform formerly known as Twitter, asserts that it retains ownership of all X accounts on its platform, including those run by Alex Jones and InfoWars, according to a Monday filing in bankruptcy court. Therefore, Musk’s platform argues that The Onion cannot purchase these accounts from Jones or his company, Free Speech Systems, as they are not his to sell.
This is not the first instance of Musk intervening to protect Jones’ online presence. In 2023, Elon Musk reinstated the X accounts of Alex Jones and InfoWars, which were “permanently banned” by Twitter’s previous management in 2018 for violating platform rules with abusive content. Musk, at the time, stated his disagreement with Jones but justified the reinstatement as a matter of “free speech.”
Legal Arguments
Musk’s legal team now contends that users do not truly own their profiles on the platform.
“The ‘sale’ of the X Accounts as the Trustee requests would be an illegal transfer of the license to use X Corp.’s Services. Such a sale would clearly violate X Corp.’s TOS and its ownership rights,” stated lawyers representing X in the filing. “In other words, the Trustee is attempting to sell something that neither it, Free Speech Systems, nor Jones owns or has any legal interest in.”
Specific Accounts
The legal filing makes it clear that X Corp does not object to the overall sale of Free Speech Systems to The Onion, but specifically to the X accounts. The accounts in question include @infowars, @BANNEDdotVIDEO, @WarRoomShow, and @RealAlexJones.
Musk’s social media platform claims that its terms of service explicitly state these accounts are the “exclusive property” of X Corporation. Section 4 of the TOS does indeed indicate that the company grants users a “license” to use their X accounts, but users cannot sell or transfer this license without X’s explicit consent.
Background of Bankruptcy
Jones declared bankruptcy after being ordered to pay nearly $1.5 billion to the families of victims of the Sandy Hook Elementary School shooting in Newtown, Connecticut. He was found liable for defamation after repeatedly spreading false claims that the 2012 shooting, which resulted in the deaths of 20 first graders and six educators, was a staged event designed to push for more gun control.
Next Steps
While Musk contests the transfer of these X accounts, federal bankruptcy Judge Christopher Lopez mentioned on Monday that he might schedule an evidentiary hearing next month to decide whether The Onion should be allowed to proceed with purchasing Alex Jones’ media company.
In the end, Lopez could permit The Onion to go forward with the purchase, order a new auction, or declare another bidder as the winner.
