Sure, but the issue is that defamation requires a false statement of fact. Elon may not be happy that the article is missing context, but that's not the same thing as claiming something false.
> X contends no actual users were or ever would be in this same circumstance, so no brand damage was actually done.
If that's what they want to contend then this lawsuit is probably not the right vehicle. They'd probably be better off making that argument to their advertisers.
The contention is close, but not exactly that - it would be that when MM said 'Yaccarino was wrong, here's proof', this was defamatory because 'protected' was never meant to imply 100% perfect protection, and therefore claims that her statement was disproven - with their contrived method - are false and malicious.
It may well be a weak case. MM are certainly slimy political operators, but they seem to have mostly avoided any direct statements which are easily, unambiguously provably false.
> it would be that when MM said 'Yaccarino was wrong, here's proof', this was defamatory because 'protected' was never meant to imply 100% perfect protection, and therefore claims that her statement was disproven - with their contrived method - are false and malicious.
I'm honestly not sure how that would be legally analyzed. It doesn't really feel like a very convincing argument, but I don't think I can articulate exactly why.
In any case, it doesn't seem that particular line of argument is present in the complaint, so it's pretty much just a curiosity.
> X contends no actual users were or ever would be in this same circumstance, so no brand damage was actually done.
If that's what they want to contend then this lawsuit is probably not the right vehicle. They'd probably be better off making that argument to their advertisers.