Berenson v Twitter: "Whereas, the parties have reached a settlement in principle"

Per this stipulation, filed late last night in San Francisco.

Now, I can’t say anything more until we actually file the settlement and dismiss the case, and even then I won’t be able to say much about the specifics of the settlement, as those are largely confidential.

But I want to say this: At least from my point of view, Elon Musk had nothing to do with what’s happening here. I emailed Musk briefly about the suit in April, after Twitter accepted his offer and before Judge William Alsup rejected Twitter’s motion to dismiss and allowed my lawsuit to proceed. (At the hearing on April 28, Alsup himself raised the question of whether Musk’s purchase would make the lawsuit moot.) Musk didn’t email back. The last time I’ve heard from him was last year. Whether the deal played any role in Twitter’s decision to settle is a question you’ll have to ask them, but I mostly doubt it, given the fact that no one really knows if - much less when - it will close.

In other words, this settlement comes out of my attempt to enforce my legal rights and Judge Alsup’s decision that I had a claim that should be allowed to proceed, not because of Elon Musk.

And that’s as it should be. Being able to use a functioning legal system is far more important than having Musk’s approval to tweet, especially since he is less than the ideal First Amendment hero. His entanglements and potential conflicts of interest run from China to Amber Heard, and his commitment to free speech may be absolute in principle, but it’s been spotty in practice, as more than one Tesla whistleblower will attest.


So what happens next?

Stay tuned.