Recent College Grad Sues Elon Musk for Defamation and Then Goes After His Lawyer

By: Lauren | Published: Apr 19, 2024

Benjamin Brody, a 22-year-old recent college graduate, is suing billionaire Elon Musk for defamation. After a March deposition, Brody shocked many by revealing that he was taking on Musk’s attorney, Alex Spiro.

Now, Brody has filed a motion for sanctions against Spiro, the latest twist in the college graduate’s ongoing case against Musk.

Benjamin Brody vs Elon Musk

Brody’s case against Musk began in October when the 22-year-old sued the 52-year-old billionaire. According to Brody, Musk boosted a conspiracy on X, formerly known as Twitter, that suggested that Brody was a neo-Nazi.

Elon Musk speaking into a microphone against a blue background.


Brody, who is Jewish, quickly filed a suit after Musk corresponded with many tweets that misidentified Brody in a video.

A Far-Right Fight

This incident occurred after a video of a fight between two far-right extremist groups went viral on X. In the video, many of the people involved in the brawl cannot be identified, as many were wearing ski masks.

A smart phone open to Twitter/X.

Source: Sara Kurfeß/Unsplash

However, one person had his ski mask torn off. This then led many users online to misidentify the man as Brody.

A New Conspiracy

This then led to a new online conspiracy that Brody, who is Jewish, was acting in a false flag operation. Musk corresponded with many X users who made this suggestion.

A person holding their smartphone that is open to see their many social media apps, including X and Instagram.

Source: Julian Christ/Unsplash

In one tweet, Musk wrote about Brody, “Looks like one is a college student (who wants to join the govt) and another is maybe an Antifa member, but nonetheless a probable false flag situation.”

Misinformation on X

All of these allegations were a result of misinformation on X. In his lawsuit against Musk, Brody’s legal team has said Musk’s allegations against him are baseless. Thus, he has filed a defamation lawsuit.

A phone open to a white screen with a black X/Twitter logo on it.

Source: Kelly Sikkema/Unsplash

The case had a deposition in March, which led to Brody eventually deciding to take on Musk’s celebrity attorney, Spiro.

Unprofessional Behavior

According to Brody, Spiro is currently representing Musk in Texas without the proper credentials to do so in the state. Spiro has tried to get approval to represent Musk.

A close-up of an old courthouse and its columns.

Source: Colin Lloyd/Unsplash

Earlier this year, the request was made. However, it is still pending. Brody has also accused Spiro of behaving in an “astonishingly unprofessional” behavior during March’s deposition.


A Motion for Sanctions

Brody’s legal team has filed a motion for sanctions against the attorney.

A close-up of a plaintiff placard in a courtroom.

Source: Wesley Tingey/Unsplash

This motion filed in Texas states, “He continually interrupted the deposition with commentary, gave numerous improper instructions not to answer, berated opposing counsel, insulted Plaintiff’s claims, mocked counsel’s questions, and generally acted in the most obnoxious manner one could contemplate without crossing into parody.”


Constant Interjecting

This filing also alleges that Spiro consistently interjected throughout the deposition during questioning. He also reportedly called the entire case “stupid” while taunting Brody’s legal team.

A brown wooden judge’s gavel on a white surface.

Source: Tingey Injury Law Firm/Unsplash

In one of these mocking moments, Spiro evidently told them, “I know this is your big day in the sun. You’re running out of time.”


Who Is Alex Spiro?

While this may be surprising for some to read, others may not be too shocked to learn of Spiro’s behavior. The attorney has made a name for himself by representing celebrities and the ultra-wealthy — and being very aggressive during the defense.

Eric Adams in a blue suit talking in 2022.

Source: Metropolitan Transportation Authority of the State of New York/Wikimedia Commons

Spiro’s past clients include Jay-Z, New England Patriots owner Robert Kraft, and even New York City Mayor Eric Adams.


Spiro’s Response

After this motion was filed, Brody’s lawyer refused to comment on the case. However, a representative for Spiro did release a statement.

A person writing on a piece of paper near a judge’s gavel.


“This is amateur hour. I understand [Brody’s lawyer] wants his 15 minutes of fame, but these shakedown tactics won’t work,” Spiro’s representative stated.


Musk Admits He Doesn’t Fact-Check What He Says

Musk’s deposition in this case did reveal that the billionaire knows he should probably fact-check before he posts on X — but he doesn’t do this at all. Musk did admit that he didn’t research Brody at all before he made these allegations.

Elon Musk seen amid a blue background.


However, Musk also insinuated in his deposition that he doesn’t believe his post had any real-world effect. “People are attacked all the time in the media, online media, social media, but it is rare that that actually has a meaningful negative impact on their life,” he said.


Past Musk Allegations

Brody’s team also pointed out that Musk has made comments in the past about how he seems to post impulsively on X without thinking about it.

Elon Musk wearing a medal and looking into the distance.


Musk reportedly told his biographer Walter Isaacson, “My tweets are like Niagara Falls sometimes and they come too fast… Just dip a cup in there and try to avoid the random turds.”