Twitter, Inc. v. Sessions

Order Denying Government’s Motion For Summary Judgment Without Prejudice; Granting Twitter’s Motion For Order Directing Defendants To Expedite Security Clearance

Re: Dkt. Nos. 124, 145

Defendants Jefferson B. Sessions, III, 1 the United States Department of Justice, and the Federal Bureau of Investigation *806 (“the Government”) filed a motion for summary judgment on the claims in Plaintiff Twitter, Inc.’s second amended complaint. (Dkt. No. 145.) Twitter filed a motion for an order directing the Government to expedite a security clearance process for lead counsel in this matter to review materials relevant to this litigation, (Dkt. No. 124.)

Having carefully considered the papers submitted, the admissible evidence 2 , and the pleadings in this action, and for the reasons set forth below, the Court Denies the'motion for summary jiidgment Without Prejudice. The Court finds the Government has not met its high burden to overcome the strong presumption of unconstitutionality on the record before the Court. The Government’s restrictions on Twitter’s speech are content-based pri- or restraints subject to the highest level of scrutiny under the First Amendment. The restrictions ‘ are…