(JONATHANTURLEY.COM) -- Last week, Twitter’s Chief Executive Officer Parag Agrawal sounded more like Ukrainian President Volodymyr Zelenskyy in rallying his troops to defy the existential threat of Elon Musk while pledging that they will not be “held hostage.” The threat, however, was not a private buyout but the threat that Twitter might be forced to respect free speech on the site. The problem for the Board members is that they could find themselves in court if their anti-free speech stance continues to stand in the way of shareholder profits. Such a lawsuit could be a bellwether for shareholder opposition to boards pursuing Environmental, Social, and Governance (ESG) policies over profits.
The Board responded to the Musk offer with what sounded like a suicide pact to swallow a “poison pill” to sell new shares to drive down share values. While a standard tactic to fend off hostile takeovers, Twitter made it clear that it would not be forced into free speech after making the company synonymous with censorship.
They were joined by liberal commentators who declared that it was not just Twitter but democracy itself that could fall if free speech were allowed to breakout. The Washington Post’s Max Boot declared that “for democracy to survive, we need more content moderation, not less.”
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