Ensing
Ensing v. Sephora USA, Inc.
Opinion
Trial Court Opinion
I. FACTUAL BACKGROUND
Plaintiff Amanda Ensing is a “beauty and lifestyle influencer” who shares creative content across several social media platforms. (Compl., Doc. No. 1 ¶¶ 3, 16). Some of her content, which she shares to her more than one million followers, is sponsored by beauty and lifestyle companies. (Id. ¶ 16). Through such sponsorships, Plaintiff earned approximately $100,000 per month for her beauty vlogs. (Id.). One such sponsoring company is Sephora, with whom Plaintiff has collaborated at least three times. (Id.). Plaintiff alleges that the business relationship between herself and Sephora was a good one. (Id. ¶ 17). On January 6, 2021, Plaintiff tweeted a picture of then-President Donald Trump with the caption “It will be Biblical.” (Id. ¶ 18). She followed this tweet with another, stating “There’s not enough popcorn in the world for what’s about to happen,” and later added “This is referring to the amount of corruption about to be revealed in our government. As usual, the left twists our words.” (Id.). She posted additional tweets clarifying that her earlier posts were not intended to condone the violence that took place at the United States Capitol…