Today, our firm filed an amicus brief in support of a petition for certiorari in a challenge to California’s efforts to coerce social media companies to censor a user on Twitter. The petitioner had a tweet deleted and then his account suspended by Twitter, at the direction of California and its Office of Elections Cybersecurity. Our brief disputed California’s censorship of “false or misleading” speech and the Ninth Circuit’s conclusion that there was no coercion of Twitter by California. California assumes for itself the power to distinguish between truth and falsity — employing a power which Justice Kennedy explained that no government may have. Furthermore, our brief argued that the Ninth Circuit was wrong to uphold California’s actions based on California’s First Amendment rights, when the First Amendment is supposed to protect individual speech from government interference.
