Summary
The Supreme Court recently declined to hear an appeal from Elon Musk’s social media platform, X (formerly Twitter), regarding a nondisclosure order tied to the investigation of former President Donald Trump for alleged election interference. X argued that the order, which prevented the company from notifying Trump about a warrant issued by special counsel Jack Smith’s team, infringed upon its First Amendment rights.
The case stemmed from a warrant issued under the Stored Communications Act, allowing prosecutors to obtain data from Trump’s Twitter account without his prior knowledge. X’s legal team contended that the nondisclosure order not only violated their free speech rights but also deprived Trump of the opportunity to assert executive privilege regarding communications made during his presidency. However, the Supreme Court’s decision leaves intact a lower court ruling that prioritized the integrity of the ongoing investigation over the platform’s concerns, emphasizing that revealing the warrant could risk evidence tampering. The backdrop to this legal battle includes a broader context of Trump’s actions leading up to the January 6 Capitol riot, where he allegedly used social media to spread misinformation about the 2020 election.
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