Few events have captured attention quite like the recent auction of Free Speech Systems (FSS), the parent company of InfoWars, led by conspiracy theorist Alex Jones. As the dust settles on this remarkable case, one particular bid stands out: that of The Onion, the satirical news outlet renowned for its humorous takes on serious topics. The details of the auction, however, are anything but lighthearted.
In a dramatic turn of events, Chapter 7 bankruptcy trustee Christopher Murray announced that The Onion had secured the winning bid to acquire FSS. This news was almost predictable; observations were made well in advance that the current management of InfoWars would seize the opportunity to use their bankruptcy as a fundraising tool—a tactic they have indeed employed. The Onion’s CEO, Ben Collins, humorously remarked on Bluesky, “Buying this site was always going to be fun later on, but annoying right away.” It seems that the complications arising from this acquisition are living up to that forecast.
The bidding process saw intense competition, notably from First United American Companies, LLC, a firm affiliated with one of FSS’s suppliers. Allegations of collusion and foul play quickly surfaced when First United’s attorney, Walter Cicack, asserted Murray had altered auction terms illegally and conspired with the Sandy Hook families to benefit the lower bidder. This claim caught the attention of U.S. Bankruptcy Judge Christopher Lopez, who exhibited sympathy towards Cicack’s arguments despite Murray’s insistence that his actions were designed to maximize returns for all creditors.
The battle heated up further when Cicack filed an emergency motion to disqualify The Onion’s bid due to alleged violations of court orders. He posited serious allegations of bad faith on Murray’s part, prompting an immediate and firm rebuttal from the trustee. Murray’s response was clear and assertive against what he called “a barrage of baseless allegations.”
What makes this case particularly intriguing is the dynamics between the Connecticut and Texas families of Sandy Hook victims and how those relationships influenced the auction. The Connecticut plaintiffs hold a staggering $1.4 billion judgment, while their Texas counterparts have a considerably smaller $50 million judgement. To bridge this considerable gap, the Connecticut plaintiffs agreed to forgo a portion of the sale proceeds to ensure the Texas families would receive a more equitable payout, thus maximizing overall creditor recovery in the process.
The Onion’s bid of $1 million, significantly lower than FUAC’s initial bid of $1.2 million, was strengthened by this Distributable Proceeds Waiver. It reflected a collaborative approach aimed at ensuring that all parties would benefit post-sale, despite the stark differences in their judgments against Jones.
Murray’s decision to endorse The Onion’s bid is not merely about the cash at hand. It highlights a strategic choice intended to enhance value for all creditors and prioritize fairness in a notoriously polarized dispute. By returning to both bidders and seeking their best offers, Murray acted decisively within his jurisdiction, demonstrating the feasibility of having the highest ethical considerations guide corporate bankruptcy proceedings.
As we stand at this juncture, the implications of this auction are far-reaching. It not only calls into question the practices and ethics surrounding bankruptcy sales but also sheds light on the intricate relationships between the plaintiffs involved. The Onion’s unexpected foray into corporate ownership, particularly of a brand associated with hate speech, may very well serve as a fascinating case study on how satire and media can navigate the treacherous waters of legal and moral obligation.
