The bar must be very high, and you must be able to show a clear path from speech to harm. CoVID misinformation meets that bar. Many people on their death bed cores misinformation as the reason they did not take precautions. Not only does it cause death and injury. It has a high cost monetarily.
On order for Musk to be culpable, you would have to prove that falsehoods were actively promoted. Also, the community notes give Misk some cover. There used to be other moderation at Twitter. Not certain what remains of it. If Musk was rational, he would have made himself immune to prosecution.
Promoting fascism and other right wing falsehoods is more problematic. It harms the nation and causes indirect harm, but the harm is difficult to connect. Ultimately the X users must voice their opinion by abandoning the platform.
"cited" autocorrected to "cores"