A judge had told Media Matters to give X donor names and addresses.
A federal appeals court on Oct. 20 stayed an order that compelled a group sued by Elon Musk’s X to hand over donor names and addresses, finding that the information is likely not relevant to the case.
X in 2023 sued Media Matters, a left-wing media watchdog, over the group’s statements about the social media platform. The company then asked a judge to force Media Matters to hand over donor names, addresses, and communications.
U.S. District Judge Reed C. O’Connor initially told Media Matters to find the requested information and give X a log outlining which documents it wanted to withhold under privilege. When Media Matters refused to search for the information, he ordered the group to disclose the information.
Media Matters does not need to produce the information, at least for now, the U.S. Court of Appeals for the Fifth Circuit said in the new ruling.
Being forced to hand over donor information implicates the First Amendment rights for the donors, and Media Matters is likely to succeed in its appeal, a three-judge panel said.
“We doubt that X Corp. needs the identity of Media Matters’s every donor, big or small, to advance its theories. Nor does it need the full residential addresses for any of those stated purposes. Conversely, Media Matters and its donors would bear a heavy burden if Media Matters had to release this information. It could enable others to harass or intimidate Media Matters or its donors,” U.S. Circuit Judges Jerry E. Smith, James E. Graves Jr., and Kurt D. Engelhardt wrote in their decision.
The judges noted that Musk has said X would “pursue” not only Media Matters “but anyone funding the organization.”
The judges stayed O‘Connor’s discovery order pending the outcome of Media Matters’s appeal of O’Connor’s separate ruling rejecting the group’s motion to dismiss. That appeal is still being considered by the Fifth Circuit.
The panel did question why Media Matters defied a judicial ruling.
