Given that his explicitly stated goal is to move on from this, probably a bad idea. Right or wrong, a lawsuit would invite the Streisand effect.
As for whether there's any legal basis to sue, it's doubtful. There isn't a whole lot that's factually inaccurate in the NYT piece. It's innuendo and words taken out of context. California has a "False Light" claim that might apply, but I doubt any court would take that up. At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable.
>At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable.
I think, doing it with an explicit goal of misleading your audience in order to cause damage to a specific person should not be OK. I'm not saying censor it, but making NYT liable for any actual damage (like losing a job) + punitive damages would make sense.
The thing is, the woke mob is employing the same silencing tactics as Putin's Russia. You don't have resources to shut everyone up, so you semi-arbitrarily target random people and make sure the consequences are extremely harsh. A high-profile person like Scott can just walk away from it. An average rank-and-file person with a mortgage and at best couple of months in saving will keep their mouth shut and pretend to agree with whatever the party line is. Like literally, that's Russia now. Everyone is poor and miserable, but Putin's approval ratings are >70% because, well, losing everything you have is just not worth a random act of dissent.
As for whether there's any legal basis to sue, it's doubtful. There isn't a whole lot that's factually inaccurate in the NYT piece. It's innuendo and words taken out of context. California has a "False Light" claim that might apply, but I doubt any court would take that up. At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable.