The Supreme Court on Monday declined to hear an appeal from Elon Musk's social media company, X, accusing special counsel Jack Smith of violating the First Amendment.
As part of his federal investigation into Trump's alleged efforts to subvert the 2020 election, Smith sought former President Donald Trump 's communications from the platform, then known as Twitter, using a search warrant. However, the warrant was served with a "nondisclosure order” that blocked the Big Tech company from notifying Trump about its existence.
Twitter initially declined the request and was fined $350,000 , but the lawsuit petitioned to the justices was actually about a gag order imposed on the company and whether that violated the company's free speech rights.
Lawyers for X had argued the Supreme Court needed to take up this case so that federal prosecutors cannot repeat similar actions in the future without the person involved being made aware that their information is being handed over to the government.
Both the federal district court in Washington, D.C., and the federal appeals court held that the warrant was justified by "probable cause."
"The district court found that there were 'reasonable grounds to believe' that disclosing the warrant to former President Trump 'would seriously jeopardize the ongoing investigation' by giving him 'an opportunity to destroy evidence, change patterns of behavior,'" according to part of the decision by the U.S. Appeals Court for the District of Columbia Circuit.
Smith has charged Trump with alleged attempts to subvert the 2020 election results. Trump has pleaded not guilty to charges including conspiracy to defraud the country and obstruction of Congress’s certification of the 2020 election results.
The special counsel was already dealt a blow on July 1 when the justices ruled in a separate decision that former presidents are entitled to some levels of immunity from prosecution. Smith is now attempting to push the case again through the federal district court in hopes of bringing it to trial if Trump loses the 2024 election.
The former president is largely expected to try and dismiss the case if he wins another term in the Oval Office.
Musk's acquisition of Twitter began in spring 2022 and concluded in October of the same year. The CEO purchased the platform under a plan to bolster free speech and has, in recent months, thrown his support behind Trump for the 2024 election.
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The decision over Musk's dispute came in a long list of orders that was released Monday morning by the Supreme Court, the first day that the justices returned to the bench to begin hearing oral arguments in cases already granted this term.
There were no noted dissents, and Trump was not a party to this case.
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