On December 9, 2024, the Knight Institute filed an amicus brief in support of Media Matters, a non-profit organization that researches and reports on “conservative misinformation” in the media. Media Matters was sued by X Corp. after publishing an article reporting that ads on X had appeared next to pro-Nazi content. This lawsuit appears to be an attempt by Elon Musk and X Corp. to punish Media Matters and its donors for publishing speech critical of the platform. As part of the lawsuit, X Corp. sought—and obtained—a court order requiring Media Matters to turn over the names and addresses of every Media Matters donor.

The brief urges the Fifth Circuit to reverse the district court’s order. It argues that several circuit courts, including the Fifth Circuit, have recognized a qualified First Amendment privilege that protects civil litigants from court orders compelling the disclosure of sensitive associational information whose disclosure would chill constitutionally protected activity, unless the requesting party first makes a heightened showing of need. That privilege applies in this case, but the Fifth Circuit need not resolve the applicable standard of review, because X Corp.’s discovery requests fail under even Rule 26. In a case that implicates First Amendment interests like this one, district courts must apply Rule 26’s requirements strictly, and they must manage discovery in a way that minimizes the undue interference with constitutionally protected rights.

Status: Oral argument in the Fifth Circuit is scheduled for February 13, 2025. 

Case Information: X Corp. v. Media Matters, No. 24-10900 (5th Cir.)