Trump

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONALD J. TRUMP, et al., Case No. 3:21-cv-08378-JD

Plaintiffs, ORDER RE RULE 60(b) MOTION v.

TWITTER INC., et al., Defendants.

In July 2021, plaintiff Naomi Wolf joined former President Donald J. Trump and others in a lawsuit alleging that Twitter had “de-platformed” and “censored” them. See Dkt. No. 21 ¶¶ 8, 18. Plaintiffs’ main theory was that Twitter suspended their accounts in response to pressure from members of Congress, and so was liable for a First Amendment claim under the state-action doctrine. See Trump v. Twitter Inc., 602 F. Supp. 3d 1213, 1218 (N.D. Cal. 2022); Dkt. No. 165 at 4-5. Wolf said that she had “over 146,000 followers” when Twitter suspended her account in June 2021 for “vaccine misinformation.” Dkt. No. 21 ¶¶ 157, 159, 162; see also Dkt. No. 189-1 ¶ 2. In response to Twitter’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court concluded that the complaint fell well short of plausibly alleging that the state-action …