• by Colin Kirkland , August 1, 2024

In March, Don Lemon's exclusive show on X was shut down before it ever aired. Now, the former CNN anchor is suing X owner Elon Musk for not only canceling his show, but failing to provide payment after the deal disintegrated.

The Don Lemon Show -- which was set to air 30-minute segments three times per week covering politics, culture, sports and entertainment -- was first announced in January alongside similar “video-first” content deals between X, formerly known as Twitter, and former U.S. congresswoman Tulsi Gabbard, as well as sports radio host Jim Rome.

Lemon's show would have marked the anchor's first public broadcasting job since April, when he was fired from CNN after 17 years of working for the multinational news channel.

Musk decided to cancel the in-app news program hours after Lemon interviewed him for the first episode. “Musk has canceled the partnership I had with X,” Lemon posted, “which they announced as part of their public commitment to amplifying more diverse voices on their platform.”

Prior to the cancellation, X executives and Lemon publicly voiced their excitement and support of one another, with Lemon stating that X is “the biggest space for free speech in the world,” and X CEO Linda Yaccarino replying, valiantly: “We've been waiting for your return.”

Musk deferred to his personal opinion when publicly justifying X's decision to cancel Lemon’s program before the first episode aired, stating that The Don Lemon show “was basically just CNN, but on social media, which doesn't work, as evidenced by the fact that CNN is dying.”

“Instead of it being the real Don Lemon, it was really just Jeff Zucker talking through Don, so lacked authenticity,” Musk added. “All this said, Lemon/Zucker are of course welcome to build their viewership on this platform along with everyone else.”

But Musk's message did not resolve the bad feelings left in the wake of the ruined deal. On Thursday, a complaint filed in the Superior Court of California in San Francisco County alleges fraud, breach of contract and misappropriation of Lemon's name and likeness.

The suit also claims that Musk and X failed to pay Lemon after luring him into an exclusive show deal for the promise of an annual sum of $1.5 million, full authority over his content and financial incentives in a deceitful move to profit off Lemon's reputation by attracting advertisers to the social media platform.

The claims filed against Musk also infer that X's alleged attempt to secure advertising by partnering with established public figures encompasses the company's overarching “video-first” strategy and exclusive in-app programming.

Based on the complaint, Musk persuaded Lemon to partner with X through “false promises and representations,” such as a post by Musk on X shortly after Lemon was fired from CNN. “Have you considered doing your show on this platform?” Musk wrote. “Maybe worth a try. Audience is much bigger.”

After promising Lemon full control over his work, Lemon accepted a one-year deal that gave X exclusive rights to specific video content for a 24-hour period before it moved to other platforms, and giving Lemon 60% of gross advertising revenue generated from his content and performance payments, which are based on follower counts, the complaint reads.

Musk allegedly never presented Lemon with a formal agreement to sign, allowing X to bow out of the deal without having to compensate Lemon after he “incurred hundreds of thousands of dollars of expenses in forming his own media company,” including signing a production deal with a content studio and production company, purchasing equipment and hiring staff.

“This case is straightforward,” Lemon's attorney Carney Shegerian told NBC News. “X's executives used Don to prop up their advertising sales pitch, then canceled their partnership and dragged Don's name through the mud.”