The D.C. Circuit Court of Appeals has declined to reconsider a previous ruling that permitted special prosecutor Jack Smith to use a search warrant to access former President Donald Trump’s private Twitter feed without Trump’s knowledge. This warrant, served against Twitter (now known as X), was a part of a criminal investigation into Trump’s efforts to overturn the results of the 2020 election. Initially, Twitter resisted compliance with the warrant and later sought a rehearing of the case.
Although Twitter lacks a legal right to challenge the warrant, Straight Arrow News contributor Adrienne Lawrence asserts that the social media platform is obligated to defend its First Amendment rights in its ongoing dispute with the U.S. Justice Department.
Twitter appears to be en route to the U.S. Supreme Court in pursuit of absolution for its desire to keep Donald Trump abreast of a government warrant. Basically, around this time last year, a federal court ordered the social media platform, now known as X, to turn over Trump’s file, but not to tell the former president about it. And Twitter was none too keen on being silenced. So it fought back.
Twitter objected on First Amendment grounds, claiming a right to alert Trump, who may elect to try to fight the disclosure. Now this argument earned the ire of the court, in addition to a $350,000 fine for Twitter. And even though the social media platform ultimately gave prosecutors Trump’s file, Twitter has continued to fight the matter. After losing again last week in the D.C. Court of Appeals, well, it’s likely to challenge that fine and its forced silence in the U.S. Supreme Court.
Now, while I am no fan of Donald Trump, or what’s become of Twitter, I firmly believe that the First Amendment deserves defense here. And I’m glad that Twitter is investing resources in pushing back. Our justice system cannot simply trim a little fat off the Constitution to hold Trump accountable. We must play by the rules, too. Foremost, I completely and totally recognize that Twitter does not have standing here or any legal right really to challenge the warrant itself. That’s between Trump and DOJ. Also, I’m not even going to touch an executive privilege argument, as that is a complete farce. But I will affirm that Twitter has a First Amendment right to use its voice without unjustified government interference. That’s kind of how that First Amendment thing works.
