In re: Sealed Case (AMENDED REDACTED OPINION), No. 23-5044 (D.C. Cir. 2023)
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The district court issued a search warrant in a criminal case, directing appellant Twitter, Inc. ("Twitter") to produce information to the government related to the Twitter account "@realDonaldTrump." The search warrant was served along with a nondisclosure order that prohibited Twitter from notifying anyone about the existence or contents of the warrant. Although Twitter ultimately complied with the warrant, the company did not fully produce the requested information until three days after a court-ordered deadline. The district court held Twitter in contempt and imposed a $350,000 sanction for its delay. On appeal, Twitter argued that the nondisclosure order violated the First Amendment and the Stored Communications Act, that the district court should have stayed its enforcement of the search warrant, and that the district court abused its discretion by holding Twitter in contempt and imposing the sanction.
The DC Circuit affirmed. The court held that it affirmed the district court's rulings in all respects. The court wrote that the district court properly rejected Twitter's First Amendment challenge to the nondisclosure order. Moreover, the district court acted within the bounds of its discretion to manage its docket when it declined to stay its enforcement of the warrant while the First Amendment claim was litigated. Finally, the district court followed the appropriate procedures before finding Twitter in contempt of court - including giving Twitter an opportunity to be heard and a chance to purge its contempt to avoid sanctions. Under the circumstances, the court did not abuse its discretion when it ultimately held Twitter in contempt and imposed a $350,000 sanction.
This opinion or order relates to an opinion or order originally issued on July 18, 2023.
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