X's lawyer, Jon Hawk, argued that when the CCDH joined Twitter in 2019, the group agreed to terms of service that noted those terms could change. So when Musk purchased Twitter and updated rules to reinstate accounts spreading hate speech, the CCDH should have been able to foresee those changes in terms and therefore anticipate that any reporting on spikes in hate speech would cause financial losses.

The only thing that makes this arrangement of words makes sense to me is if it's an explanation for why Musk is an idiot for reinstating hate speech accounts since he should've be able to foresee that they'd lose ad money because of it.