Why it matters: A judge has ruled that the lawsuit brought by Don Lemon against Elon Musk and X over the cancelation of the former CNN host's show can go to trial. Musk canceled The Don Lemon Show, which was to be hosted exclusively on X, a few hours after the pair had a tense interview that was supposed to be part of the debut episode.
San Francisco Superior Court Judge Harold E. Kahn said that Lemon's case can go ahead after Musk's team tried to have the case moved to a Texas court and attempted to have the judge strike the complaint.
Judge Kahn said in his order that Lemon's legal team plausibly alleged that X and Musk had committed "fraud by false promise" and that there was "an implied contract" between the parties.
"The ruling means Don can hold X and Musk accountable in open court. Musk is subject to the legal process, just like everyone else, and that's important," said Carney Shegerian, who is representing Lemon.
At the beginning of 2024, Lemon revealed that he had conducted a wide-ranging, 90-minute interview with Musk, during which he posed numerous questions covering a broad spectrum of topics. According to Lemon, one of the more contentious issues he raised involved the prevalence of hate speech on X.
Lemon explained that he deliberately challenged Musk on this topic, especially given the billionaire's reputation for being openly critical of journalists and the media. He specifically wanted to know whether Musk and his leadership team felt a moral or corporate obligation to actively moderate hateful and harmful content on X, given the platform's global influence and reach.
"I don't have to answer questions from reporters, Don," Musk replied. "The only reason I'm doing this interview is because you're on the X platform and you asked for it. Otherwise, I would not do this interview."
Lemon also questioned Musk about a recent meeting with Donald Trump – Musk emphasized that Trump never asked him for money. The billionaire was also asked about his use of ketamine and whether it would be an issue for his government security clearance. Musk said it wouldn't as he has a prescription for the drug.
Lemon says that a few hours after the interview concluded, Musk sent him a message that read "contract terminated."
Musk's own explanation for why the show was canceled came in the form of an X post. "His [Lemon's] approach was basically just 'CNN, but on social media', which doesn't work, as evidenced by the fact that CNN is dying. And, instead of it being the real Don Lemon, it was really just Jeff Zucker talking through Don, so lacked authenticity," he wrote.
Musk had asked Lemon if he'd consider doing his show on X after the host announced that he'd been fired from CNN following reports that he mistreated coworkers and made sexist remarks on air. Musk said that the platform had a bigger audience than the TV network.
After Lemon filed his lawsuit in August 2024, Musk wrote on X that "He made a series of impressively insane demands. We declined. Therefore, there was no deal."
Lemon reportedly demanded $5 million upfront on top of an $8 million salary, as well as an equity stake in X. According to The New York Post, he also wanted a free Tesla Cybertruck and a private jet to Las Vegas complete with a suite for him and his fiancé – and for the company to pay for their day drinking and massages.
According to court records, Lemon was to receive $1.5 million, as well as a 60% cut in ad revenue and performance-related bonuses based on the show's number of followers. Lemon claimed in the suit that he was "rushed" into agreeing to the partnership deal.
Lemon's claims against Musk and X include fraud, misappropriation of name and likeness and breach of implied contract. The judge dismissed allegations such as negligent misrepresentation, defamation, retaliation, negligence and harassment. A date has not been set for the trial.
Don Lemon's lawsuit against Elon Musk and X over canceled talk show will go to trial
