by Jonathan Turley at Jonathan Turley
Below is my column in the Hill on the bid of Elon Musk to buy Twitter and its implications for free speech. The increasingly alarmist arguments of the left have continued to mount. On MSNBC, Democratic strategist Danielle Moodie declared “I’m going to be honest, Elon Musk is a danger to Twitter and to freedom of speech.” In other words, more free speech is the death of free speech. She is not alone in such Orwellian takes on the Musk bid for Twitter.
Here is the column:
Twitter’s board of directors gathered this week to sign what sounds like a suicide pact. It unanimously voted to swallow a “poison pill” to tank the value of the social media giant’s shares rather than allow billionaire Elon Musk to buy the company.
The move is one way to fend off hostile takeovers, but what is different in this case is the added source of the hostility: Twitter and many liberals are apoplectic over Musk’s call for free speech protections on the site.
Company boards have a fiduciary duty to do what is best for shareholders, which usually is measured in share values. Twitter has long done the opposite. It has virtually written off many conservatives — and a large portion of its prospective market — with years of arbitrary censorship of dissenting views on everything from gender identity to global warming, election fraud and the pandemic. Most recently, Twitter suspended a group, Libs of Tik Tok, for “hateful conduct.” The conduct? Reposting what liberals have said about themselves.
The company seemingly has written off free speech too. Twitter CEO Parag Agrawal was asked how Twitter would balance its efforts to combat misinformation with wanting to “protect free speech as a core value” and to respect the First Amendment. He responded dismissively that the company is “not to be bound by the First Amendment” and will regulate content as “reflective of things that we believe lead to a healthier public conversation.” Agrawal said the company would “focus less on thinking about free speech” because “speech is easy on the internet. Most people can speak. Where our role is particularly emphasized is who can be heard.”
Not surprisingly, selling censorship is not a big hit with most consumers, particularly from a communications or social media company. The actions of Twitter’s management have led to roller-coastering share values. While Twitter once reached a high of about $73 a share, it is currently around $45. (Musk was offering $54.20 a share, representing a 54 percent premium over the share price the day before he invested in the company.)
Notably, Musk will not trigger the poison pill if he stays below 15 percent ownership of the company. He could push his present stake up to 14.9 percent and then negotiate with other shareholders to take greater control.
Another problem is that Twitter long sought a private buyer under former CEO Jack Dorsey. If Musk increases his bid closer to $60, the board could face liability in putting its interests ahead of the company’s shareholders.
Putting aside the magical share number,…
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