`
`
`
`
`
`ANDREW J. PINCUS (pro hac vice)
`apincus@mayerbrown.com
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006-1101
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`
`DOUGLAS A. SMITH (SBN 290598)
`dougsmith@mayerbrown.com
`MAYER BROWN LLP
`350 South Grand Avenue, 25th Floor
`Los Angeles, California 90071-1503
`Telephone: (213) 229-9500
`Facsimile: (213) 625-0248
`
`Attorneys for Amicus Curiae Internet Association
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`TWITTER, INC.,
`
`Plaintiff,
`
`
`
`
`
`vs.
`
`KEN PAXTON, in his official capacity as
`Attorney General of Texas,
`
`Case No. 3:21-cv-01644-MMC
`
`INTERNET ASSOCIATION’S MOTION
`FOR LEAVE TO FILE AMICUS
`CURIAE BRIEF IN SUPPORT OF
`PLAINTIFF TWITTER’S MOTION
`FOR A PRELIMINARY INJUNCTION
`
`Hon. Maxine M. Chesney
`
`
`
`Defendant.
`
`
`
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`INTERNET ASSOCIATION’S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
`IN SUPPORT OF PLAINTIFF TWITTER’S MOTION FOR A PRELIMINARY INJUNCTION
`CASE NO. 3:21-CV-01644-MMC
`
`
`
`Case 3:21-cv-01644-MMC Document 25 Filed 03/24/21 Page 2 of 3
`
`
`
`MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
`Internet Association (“IA”) moves for leave to file a brief as amicus curiae in support of
`Plaintiff Twitter, Inc.’s motion for a preliminary injunction (ECF Nos. 5, 18). Plaintiff consents to
`the filing of this brief; Defendant does not oppose the motion for leave to file the brief.
`IA is a membership organization representing the Nation’s leading online service and
`technology providers, whose products and services empower citizens and businesses to
`communicate, form relationships, and engage in commerce in countless new and important ways.
`Many of IA’s members provide forums and tools for consumers to engage in a wide variety of
`activities that the First Amendment protects: they facilitate speech and public discourse; they enable
`persons to engage in virtual assembly by forming communities and communicating in groups; they
`enable citizens to air their grievances; and they allow businesses and patrons to discover each other
`and to transact business with each other.
`To ensure a quality user experience, internet companies exercise editorial discretion in the
`form of content moderation. That includes setting and enforcing rules against inappropriate,
`objectionable, and inaccurate material on their platforms, and—sometimes—temporarily or
`permanently suspending users who persist in violating the platforms’ community standards. The
`rules adopted by internet companies vary from company to company and represent a judgment
`about what types of content are appropriate in light of the nature of the specific service, its target
`audience, and concerns about the impact of online content on offline conduct. Amicus and its
`members therefore have a substantial interest in the circumstances in which the First Amendment
`permits their decisions regarding content on their platforms or suspending users from their websites
`to be subjected to the risks, burdens, and uncertainties of government investigations, and possibly
`government penalties.
`Accordingly, Amicus seeks to file the attached brief to provide the Court with general
`information regarding the content moderation process and explain why those decisions are
`protected by the First Amendment.
`
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`- 1 -
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`INTERNET ASSOCIATION’S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
`IN SUPPORT OF PLAINTIFF TWITTER’S MOTION FOR A PRELIMINARY INJUNCTION
`CASE NO. 3:21-CV-01644-MMC
`
`
`
`Case 3:21-cv-01644-MMC Document 25 Filed 03/24/21 Page 3 of 3
`
`
`
`
`
`
`
`
`MAYER BROWN LLP
`By: /s/ Douglas A. Smith
`Douglas A. Smith
`
`DOUGLAS A. SMITH (SBN 290598)
`dougsmith@mayerbrown.com
`350 South Grand Avenue, 25th Floor
`Los Angeles, California 90071-1503
`Telephone: (213) 229-9500
`Facsimile: (213) 625-0248
`
`ANDREW J. PINCUS (pro hac vice)
`apincus@mayerbrown.com
`1999 K Street, NW
`Washington, DC 20006-1101
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`
`Attorneys for Amicus Curiae Internet
`Association
`
`
`Dated: March 24, 2021
`
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`- 2 -
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`INTERNET ASSOCIATION’S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
`IN SUPPORT OF PLAINTIFF TWITTER’S MOTION FOR A PRELIMINARY INJUNCTION
`CASE NO. 3:21-CV-01644-MMC
`
`
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