I think Musk and many others would actually have a much stronger case concerning tortious interference. The ADL literally raises money on the basis of its successful interference in contracts between third parties to which it has no relation, and its entire modus operandi is based on tortious interference for the purposes of harming the party it is targeting.
And while defamation is extremely hard for a public figure to prove, tortious interference is usually an easily established matter of record. In the case of the ADL’s interference with X’s advertising contracts, all of the elements are observably there and could be easily proven using the communications between the ADL and the advertisers.
- The existence of a contractual relationship or beneficial business relationship between two parties.
- Knowledge of that relationship by a third party.
- Intent of the third party to induce a party to the relationship to breach the relationship.
- Lack of any privilege on the part of the third party to induce such a breach.
- The contractual relationship is breached.
- Damage to the party against whom the breach occurs.
If Musk actually follows through with his musings with a lawsuit for tortious interference, and if Facebook, which was also targeted by the ADL, followed suit, there is a very good chance that the ADL would be financially ruined.