As of now, it looks as though Musk will be heading to trial on October 22 as a result of his Tweet calling Thai cave diver Vern Unsworth a "pedo". A judge rejected Elon Musk's defense that he wasn't making a real accusation, partly because of a follow up e-mail that Musk wrote to BuzzFeed.
"A reasonable fact-finder could easily conclude that [Elon Musk's] statements ... implied assertions of objective fact," wrote district judge Stephen V. Wilson. Unsworth is seeking more than $75,000 in damages, on top of a court order prohibiting Musk from making any further disparaging comments. Because court orders have worked so well for the SEC so far in censuring Musk.
We reported last September that Unsworth, the British cave diver who helped rescue 12 children in Thailand and who was hailed a hero by everybody in the world except Elon Musk – who instead decided to label him "pedo guy" and then later a "child rapist" - had sued Musk for libel, assault and slander.