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Feb. 25, 2026

Judge questions Musk's Noerr-Pennington defense in Twitter stock-drop case

Senior U.S. District Judge Charles Breyer challenged Elon Musk's lawyers on First Amendment and Noerr-Pennington arguments as investors' claims over pre-acquisition tweets head toward trial Monday.

With trial slated for Monday in a lawsuit by investors over Elon Musk's tweets before he bought Twitter, Senior U.S. District Judge Charles R. Breyer challenged Musk's lawyers on their interpretation of the Noerr-Pennington doctrine after they argued it prevented the plaintiffs' second theory of liability from going to trial.

The plaintiffs claim that Musk made false statements about his purchase of Twitter when he posted that he no longer planned to buy the company du...

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