Incident Details
- Date of Incident
- June 14, 2019
- Location
- San Francisco, California
- Targets
- BuzzFeed News
- Legal Orders
-
-
subpoena
for
communications or work product
- June 14, 2019: Pending
- July 1, 2019: Objected to
- Oct. 28, 2019: Quashed
-
subpoena
for
communications or work product
- Legal Order Target
- Institution
- Legal Order Venue
- Federal
Subpoena/Legal Order
A portion of the first subpoena BuzzFeed received as part of a defamation case between Tesla CEO Elon Musk and the caver Vernon Unsworth.
Court quashes Elon Musk’s subpoena for BuzzFeed documents
BuzzFeed News was not compelled to turn over documents in a case between tech billionaire Elon Musk and caver Vernon Unsworth, after a federal district court in California quashed a subpoena from Musk on Oct. 28, 2019.
BuzzFeed News and its reporter Ryan Mac were issued five subpoenas collectively by both parties in the suit. Unsworth sued Musk in September 2018 for defamation, alleging that Musk repeatedly labeled him a pedophile without evidence on Twitter and in communications with Mac. Those communications were published on BuzzFeed.
Musk subpoenaed BuzzFeed in June 2019 for copies of two articles it had published, its communications with Unsworth and Musk, documentation of its policies concerning “off the record” or “on background” conversations, and documents concerning any payment or gifts BuzzFeed received in exchange for publishing the articles containing Musk’s statements about Unsworth.
BuzzFeed’s attorneys filed objections to the demand for communications on July 1. Mac filed a motion to quash subpoenas from both parties for his testimony.
BuzzFeed News was shut down in May 2023. Christopher Hickman, associate general counsel at BuzzFeed.com, its parent company, told the Tracker in May 2024 that the subpoenas issued to BuzzFeed were quashed in October 2019 when the court partially granted Mac’s motion, ruling that the reporter did not have to testify for Musk and that his deposition for Unsworth be strictly limited in scope.
Unsworth’s suit was dismissed by the court in December 2019.
BuzzFeed News was issued its first subpoena in the unfolding case between caver Vernon Unsworth and Tesla CEO Elon Musk on June 14, 2019. The outlet and one of its reporters subsequently received four additional subpoenas.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with BuzzFeed senior tech journalist Ryan Mac, the latter of which were published by the outlet.
The U.S. Press Freedom Tracker reviewed the subpoena, which was filed by counsel for Musk. The subpoena ordered BuzzFeed to produce copies of two articles published by the outlet in August and September 2018, BuzzFeed’s communications with Unsworth and Musk, and documentation of BuzzFeed’s policies concerning “off the record” or “on background” conversations.
The subpoena also requested all documents concerning any payments, income, stipends, or gifts BuzzFeed received in exchange for the two articles containing Musk’s statements about Unsworth.
Lawyers representing BuzzFeed filed objections to the demand for the outlet’s communications with Musk and Unsworth on July 1, citing both parties’ access to these documents and the public availability of BuzzFeed’s News Standards and Ethics Guide. They also wrote that, consistent with the ethics guidelines, the outlet does not accept any form of payment or gifts to publish articles and therefore no documents are responsive to that request.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
