It depends. I am not a lawyer, and certainly not an American torts expert (or a tort expert in any nation) but I believe that certain states have statutes in place that allow the judge discretion in assigning the defendant's legal fees to the plaintiff, if the defendant wins the case.
You are right - my mistake. I misread the original post as it being "free" for Twitter to allow it to go to court and run their defense against the lawsuit from there. Did not realize that the OP was implying free from the plaintiff's perspective. Sorry about that!
