Doe

facts in this case—the underlying domestic dispute between McLaughlin and Olivia P. and Doe’s tweets—may be properly referred to in light of the unsealed record and redacted briefs. Notwithstanding this determination, out of an abundance of caution, we provided the parties with notice under California Rules of Court, rule 8.46(f)(3), advising them of our intent to include in this opinion four specified references or statements pertaining to the core facts above and permitting them to file any opposition to our proposed action, and any reply thereto. McLaughlin replied, advising he had no opposition. Doe did not reply.

3 occasions in June and July 2018, and under two different Twitter accounts, posted messages on Twitter (“tweets”) disclosing information about McLaughlin’s prior arrest. In those tweets, Doe uploaded McLaughlin’s mugshot taken in connection with the arrest, and above the mugshot was a reference to a charge for “domestic battery—bodily harm.” At times, the tweets were captioned with comments such as “Huh?”; “Wut?”; “Discuss this”; “Proud of this guy?”; and “Nice.” And Doe tagged several of McLaughlin’s business contacts and clients, as well as local media outlets,…