Court
U.S. District Court, Northern District of California
Findings that rest on exhibits naming this entity
- INF-4.2: The FBI agent who ran the Bureau's platform contacts testified, from recollection, that about half of the items the FBI flagged led a platform to act under its terms of service. Twitter told a court in 2023 that its employees reviewed the FBI's flagged tweets independently.
- INF-4.13: The 2026 consent decree in Missouri v. Biden bars the Surgeon General, the CDC and CISA from threatening platforms with punishment unless they remove or reduce protected speech, and records no admission (para. 17). The Ninth Circuit held in O'Handley (2023) that compliance with a California office's flag was optional for Twitter, with no intimation of adverse consequences, and that Twitter's moderation was not state action. Twitter's 2023 brief in Trump v. Twitter, a litigation position, argues that coercion requires the threat of a government sanction and that the FBI's emails were advisory.
Exhibits naming this entity
- Exhibit 1120 1 June 2023. Twitter, Inc. and Jack Dorsey (WilmerHale), filed in the U.S. District Court, N.D. Cal.: Defendants' Opposition to Plaintiffs' Motion for Indicative Ruling under Fed. R. Civ. P. 60, Trump v. Twitter, No. 21-cv-08378-JD (N.D. Cal.), Doc. 195