United States v. Glassdoor, Inc., No. 17-16221 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the district court's denial of Glassdoor's motion to quash a grand jury subpoena duces tecum requiring disclosure of identifying information of eight users who posted anonymous reviews about another company on its Internet website. A federal grand jury sought the identifying information from Glassdoor as part of its investigation into whether a government contractor was committing wire fraud and misuse of government funds. Glassdoor argued that complying with the subpoena would violate its users' First Amendment rights to associational privacy and anonymous speech. The panel held that the good faith test the Supreme Court established in Branzburg v. Hayes, 408 U.S. 665 (1972), was controlling in this case. The court held that there was no evidence that the grand jury's investigation of fraud, waste, and abuse by a third party in performing a government contract was being conducted in bad faith.