Published on: Thursday, August 10, 2023

As part of Special Counsel Jack Smith's investigation into the January 6, 2021 riot at the U.S. Capitol, the government sought a search warrant in January 2023 that directed the social media company Twitter, now renamed X, to produce records related to the @realDonaldTrump Twitter account. Along with the warrant, the feds also issued a nondisclosure order prohibiting Twitter from disclosing the existence of the search warrant for 180 days. Attorneys for Twitter did not oppose the search warrant but refused to comply with the search warrant until it had litigated its First Amendment challenge to the nondisclosure order. After Twitter lost that challenge and was three days late producing the requested documents, the district court fined the company $350k for contempt. D.C. Circuit: Affirmed in all respects.