Don Lemon’s lawsuit against Elon Musk and his platform, X, is officially heading to trial. According to CNBC, a San Francisco judge ruled that the case accusing Musk and X of breach of contract and fraud can move forward.
As AFROTECH™ previously reported, Lemon filed the suit in 2024, claiming X pulled out of a $1.5 million content deal just hours after he recorded a tense, on-camera interview with Musk.
That interview was meant to launch “The Don Lemon Show” exclusively on the platform. Lemon’s team had already started production, and both parties had publicly announced the show. The journalist had also reportedly “incurred hundreds of thousands of dollars in expenses” in preparation. But before the first episode could air, X canceled the deal, sparking allegations of retaliation and broken promises.
Judge Backs Don Lemon Lawsuit In Court
The courtroom developments mark a major step forward for Lemon’s legal claims.
Judge Harold Kahn rejected Musk’s motion to dismiss the case or move it to Texas, CNBC reports. Instead, the judge sided with Lemon’s legal team. He said that their claim of Musk and X allegedly committing “fraud by false promise” was plausible.
The lawsuit argues Musk and X broke an implied contract based on mutual understanding and actions, even without a formal agreement. Per the outlet, the case will stay in San Francisco Superior Court and go to a jury trial. The court hasn’t set a date yet.
The Interview That Sparked The Fallout
At the center of the lawsuit is the interview in March 2024 that never aired, as AFROTECH™ previously reported. Lemon pressed Musk on several heated topics, including conspiracy theories and inflammatory posts Musk promoted on X. He called out Musk’s support of the “great replacement theory,” a white supremacist conspiracy, and challenged his claims about a “Hispanic invasion” of immigrants in America.
Lemon also raised concerns about a rise in antisemitic content on the platform and asked about its weaker approach to content moderation since Musk bought Twitter for $44 billion in 2022.
After taking over, Musk cut moderation teams, reinstated users banned for hate speech or inciting violence, and restored Donald Trump’s account, which CNN reported was previously suspended after the Jan. 6, 2021, Capitol attack.
Lemon says that the interview changed everything. Within hours, X canceled the deal. To him, it felt like retaliation. He believed the agreement was clear and the show was set to launch.
Why This Case Matters
This case joins a growing list of legal problems Musk and X have faced since the Twitter takeover, from unpaid vendor bills to severance fights with former employees, Business Insider reported. The lawsuit also raises different issues, shining a light on the power imbalance between creators and platforms, especially when journalism challenges the interests of tech billionaires, notes Rolling Out.
Lemon saw the X partnership as a fresh start after his 2023 CNN departure, which followed backlash over on-air comments and internal tension. Instead of relaunching his career, he now finds himself locked in a courtroom battle with one of the most powerful — and polarizing — figures in tech.
No matter the verdict, this case could set a lasting precedent. It forces a bigger conversation about editorial control, free speech, and the risks of building a media career on privately owned platforms.
