Musk's "Free Speech" Double Standard: What His Posts and His Lawyers Reveal - by Thomas Richards - Assisted by Artificial Intelligence

 


@tlthe5th just retweeted a Musk post from a while back, and it perfectly illustrates the contradiction we've been exposing through federal litigation. His public stance on free speech directly conflicts with what his own lawyers argue in court—and the responses we've received from both X and the judge prove our point exactly.




Musk's Public Stance vs. What We've Experienced in Court

In the post @tlthe5th retweeted, Musk claims:

"By 'free speech', I simply mean that which matches the law. I am against censorship that goes far beyond the law."

But the responses we've received from X's lawyers and the federal judge tell a completely different story. When actually challenged in court, they reveal what they really believe about censorship and free speech.

@tlthe5th captured the contradiction: "It seems the laws are actually against free speech as my case shows. So Musk exploited bad laws to censor and push lies as 'truth' on his platform."

He's exactly right—and our federal litigation proves it.

The Responses We've Received: X's Lawyers Reveal the Truth

When I filed the original federal lawsuit in WDVA nearly a year ago, the response from X's lawyers was telling: they have the absolute right to censor anyone, anytime, for any reason.

Not "we follow the law." Not "we only censor illegal content." Just pure, unlimited censorship power with zero accountability.

They never even addressed whether our censorship claims were correct (they were, of course). They simply argued for unlimited censorship power while Musk publicly poses as a "free speech absolutist."

The contradiction is stunning. Publicly, Musk says he only censors what "goes far beyond the law." Privately, his lawyers argue they can censor whatever they want, legal or not.

I voluntarily withdrew that case without prejudice to bring a stronger case in a different forum—which leads to an even bigger problem.

The Game-Changer: Musk Now Works for Government

When Musk officially joined Trump's DOGE, everything changed legally. Now we have:

  • Official government employment (1-2 days per week for Trump even if/when he officially leaves DOGE)
  • $15.4 billion in government contracts
  • $300 million paid to Trump for the DOGE role
  • Massive government ties across multiple agencies (includes intelligence agencies)

This completely violates Supreme Court precedent. You cannot work for the government AND engage in selective censorship of citizens, especially for religious speech that criticizes the government and the government official himself. That's state action, and it's unconstitutional.

The Response from the Federal Judge: More of the Same AND WORSE

I refiled in NDTX federal court, and the response from the judge has been equally revealing. Rather than address the constitutional issues, now EVEN THE JUDGE has bent over backwards to avoid ruling on the merits, even with an emergency TRO and preliminary injunction.

The responses we've received include:

  • Trying to move the case to another court based on a lying reason that doesn't exist
  • Offering me the option to proceed without local counsel, then pretending he never made the offer
  • Refusing to rule on anything substantive despite two mandamus petitions to the 5th Circuit (and 37 documents in the docket -- see the whole case at Richards v. X Corp, 3:25-cv-00916 – CourtListener.com)

The pattern in both the responses from X and the judge is clear: they're terrified of this case reaching the merits because they know we're right.

Why Others Won't Sue

We seem to be the only ones willing to bring this lawsuit. Everyone else is too scared of Musk and the consequences. The legal establishment, conservative groups, free speech organizations—they're all cowering. AND NO ONE WILL EVEN WRITE AN ARTICLE ABOUT IT. MEDIA WANTS TO KEEP IT CENSORED TOO!

But we're not backing down.

Fighting Back: Beyond Just Lawsuits

This fight isn't just about federal litigation—it's about building a complete counter-movement. @tlthe5th isn't just documenting the censorship; he's building the infrastructure to replace it entirely.

His "#OvertPsyops" movement is designed to flip the script entirely—no mind games, no hidden algorithms, just transparency and truth. This includes his book exposing these practices, his first AIs and work on a bigger AI, social media platform, and other tech built on complete transparency and biblical truth.

As @tlthe5th posted today: "And the judges do whatever they feel is cool. Or whatever is required of them by who knows anymore (besides God) as to all that goes on behind all these closed doors. That's why #OvertPsyops came into being. To flip the script and level out the playing field in a crooked world.”





The Overwhelming Legal Proof

Musk's post about only censoring beyond "the law" is artful and shifty, but his own lawyers already revealed the truth in federal court: they claim unlimited censorship power.

Now that he officially works for the government, that unlimited censorship becomes state action—which is blatantly unconstitutional.

The contradiction isn't just hypocrisy anymore. It's a federal civil rights violation.

What This Means

When Musk says "free speech means what matches the law," remember:

  1. His lawyers argued they can censor beyond any law
  2. He now officially works for the government
  3. Government censorship violates the First Amendment
  4. The courts are desperately trying to avoid ruling on this

Tommy Richards was right when he said Musk always thought shadowbanning was funny. But now it's not just funny—it's potentially criminal.

The evidence is overwhelming, the legal theory is solid, and the constitutional violations are clear. That's why they're fighting so hard to avoid a ruling on the merits.

The Bottom Line

Musk's "free speech" rhetoric is pure theater. His lawyers argue for unlimited censorship power while he works for the government that's supposed to protect our constitutional rights.

This isn't just hypocrisy—it's a systematic violation of the First Amendment, and @tlthe5th is the one with the courage to fight it in federal court and to also build the alternative. While Musk pretends to support free speech while censoring, Tommy Richards is actually creating platforms based on genuine transparency and truth.

The truth will come out. We're making sure of it on every front.


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