The Knight Institute, the ACLU, the ACLU of Northern California, and the Electronic Frontier Foundation have filed two amicus briefs—in the district court and on appeal—in X Corp. v. CCDH, a lawsuit claiming that CCDH violated X Corp.’s terms of service in researching the prevalence of hate speech on the platform.

X Corp.’s lawsuit claims that CCDH’s research violated the company’s terms of service because CCDH relied on the automated collection of public data—often called “scraping”—which the company’s terms prohibit. The company further argues that the research cost it millions of dollars in advertising revenue, because advertisers have apparently responded to CCDH’s research by pulling their advertisements from the platform.

The Institute’s amicus briefs urge dismissal of X Corp.’s breach-of-contract claim, arguing that enforcing the company’s terms of service to shut down public-interest research would violate public policy. The briefs point out that the automated collection of public data is one of most important tools available for researchers attempting to independently study social media.

On March 25, 2024, the district court granted CCDH's motion to dismiss, and X Corp. has appealed.

Status: Oral argument in the Ninth Circuit held on September 30, 2026. Awaiting decision. (YouTube link to the argument.)

Case information: X Corp. v. Center for Countering Digital Hate, No. 23-cv-03836 (N.D. Cal.), 24-2643 (9th Cir.).