Elon Musk's poop emoji tweet submitted as evidence against him by Twitter

The legal battle between Twitter and Elon Musk has begun and in court documents Twitter cited Musk's use of the poop emoji in a "disparaging tweet" as evidence that the billionaire backed out of the deal because it "no longer serves his personal interests."

Back in May, Twitter CEO Parag Agrawal tweeted a thread explaining how Twitter spam bots work after Musk, 51, expressed mistrust in the company's ability to calculate how many Twitter accounts were fake.

In response, Musk tweeted at Agrawal, 38, a poop emoji and added "So how do advertisers know what they’re getting for their money? This is fundamental to the financial health of Twitter."

Now, Twitter is using Musk's mocking response in their lawsuit as evidence of Musk's bad intentions.

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"As set forth above, defendants materially breached their obligation to use their reasonable best efforts to complete the merger," the document says. "[Musk] materially breached their obligations to seek Twitter consent to public comments about the deal and refrain from disparaging the company or its representatives in Tweets about the merger".

"They therefore cannot terminate the agreement even assuming they otherwise had such a right."

Twitter argues that Musk chose to back out of the deal to purchase Twitter for $44bn because it "no longer serves his personal interests."

"Having mounted a public spectacle to put Twitter in play, and having proposed and then signed a seller-friendly merger agreement, Musk apparently believes that he — unlike every other party subject to Delaware contract law — is free to change his mind, trash the company, disrupt its operations, destroy stockholder value," Twitters's complaint says.

Musk has said he backed out of the deal because he believes Twitter misled him regarding the number of spam and bot accounts which has been a point of contention between the two since the deal first began.

The lawsuit is Twitter's effort to force Musk to go through with the deal anyway.

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