Exhibit 1121 · Court opinion
O'Handley v. Weber, 62 F.4th 1145 (9th Cir. 2023), No. 22-15071
In the aftermath of the 2020 election, the OEC touted that it had flagged for Facebook and Twitter nearly “300 erroneous or misleading social media posts” and that “98 percent of those posts were promptly removed for violating the respective social media compan[ies’] community standards.”
Holds that Twitter's moderation of a user's post after California's Office of Elections Cybersecurity (OEC) flagged it was not state action. The opinion records that Twitter gave election officials in at least 38 states access to a Partner Support Portal and that California's Secretary of State formed the OEC in 2018. It quotes the OEC's own statement that after the 2020 election it had flagged nearly 300 posts for Facebook and Twitter and that 98 percent were promptly removed. It holds that even if the OEC's message was a request to remove the post, compliance 'was purely optional' with 'no intimation that Twitter would suffer adverse consequences'.
- Source
- U.S. Court of Appeals for the Ninth Circuit
- Date
- 10 March 2023
- Quoted from
- Opinion, Background (slip op. p. 7)
- Grade
- Primary record
- Document
- https://cdn.ca9.uscourts.gov/datastore/opinions/2023/03/10/22-15071.pdf
- Accessed
- 2026-11-10
- Cited by
- Findings citing this exhibit