Twitter, Inc. v. Barr
Case Law- Country
- Country Location
Latitude: 39.778231903243785
Longitude: -100.8801256788983
- Country Location (Lié Case Law)
- United States
- Decision Date
- 17 avr. 2020
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Motion Denied
- Case Outcome (Disposition)
- Injunction or Order Denied/Vacated
- Keywords
- Constitution
- Freedom of Expression
- National Security
- Judicial Body
- First Instance Court
- Court Name
- District Court
- Case Number
- 14-cv-04480-YGR
- Case Summary
A District Court in California granted government’s motion for a summary judgment in a long-pending lawsuit filed by Twitter Inc., which brought an action for a declaratory judgment requesting relief from prohibitions on its speech. Specifically, the Twitter claimed violation of their First Amendment right to publish online its ‘Draft Transparency Report’ which described the amount of ‘national security legal process’ it received from the Foreign Intelligence Surveillance Court (FISC). Post the initial submission for review of the Report to the Government in early 2014, Twitter was informed that the information contained in the report was “classified” and cannot be publicly released due to its failure to comply with Government’s pre-approved framework for reporting data about government requests in national security investigations. In a case that underscored a clear rift between the First Amendment and national security concerns, the Court denied Twitter’s motion and found that the classified declarations submitted by the Government satisfied, both substantively and procedurally, the strict scrutiny required to justify a content-based restriction and a prior restraint. This was a reversal of the Court’s earlier order where the Government’s original motion was denied for a failure to meet its high burden to overcome the strong presumption of unconstitutionality on the record before the Court.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Global Freedom of Expression