Rutenburg
Rutenburg v. Twitter, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA RUTENBURG, Case No. 4:21-cv-00548-YGR
Plaintiff,
ORDER: (1) DENYING MOTION FOR
v. TEMPORARY RESTRAINING ORDER; AND (2) DENYING AS MOOT MOTION TWITTER, INC., TO SHORTEN TIME Defendant. Re: Dkt. Nos. 9,
12 Having reviewed the motion for temporary restraining order filed by plaintiff Maria Rutenburg, the motion for a temporary restraining order is DENIED. A fundamental flaw in Rutenburg’s entire case is that the claimed rights under the First Amendment (and the corollary claims under the Fourteenth Amendment) cannot be enforced against a private entity such as defendant Twitter, Inc. See Manhattan Cmty. Access Corp. v. Halleck, 139 S.Ct. 1921, 1928 (2019) (“The text and original meaning of those Amendments, as well as this Court's longstanding precedents, establish that the Free Speech Clause prohibits only governmental abridgment of speech. The Free Speech Clause does not…