X Appeals to Ninth Circuit to Revive Data-Scraping Suit vs. CCDH
X appealed in April 2024 to the Ninth Circuit after its data-scraping suit against CCDH was dismissed.
Why it matters: Legal professionals should watch this case as it could clarify how courts balance free speech and data scraping on social media platforms, affecting liability and platform policies.
- July 31, 2023: X sued the Center for Countering Digital Hate (CCDH) alleging unauthorized data scraping.
- March 25, 2024: U.S. District Judge dismissed the case citing First Amendment protections for CCDH.
- April 2024: X appealed dismissal to the Ninth Circuit Court of Appeals to reinstate its claims.
- September 30, 2024: Ninth Circuit panel expressed skepticism during oral arguments about X's legal claims.
On July 31, 2023, X Corp., formerly Twitter, filed a lawsuit against the Center for Countering Digital Hate (CCDH), accusing the watchdog of unauthorized data scraping and breach of terms of service to produce reports critical of X’s content policies. According to The Washington Post, X claimed these reports caused significant advertising revenue loss.
On March 25, 2024, U.S. District Judge Charles Breyer dismissed the suit, ruling that it sought to penalize CCDH for its protected speech, citing First Amendment rights. This dismissal was reported by the Associated Press.
In April 2024, X appealed the dismissal to the Ninth Circuit Court of Appeals, requesting the court reinstate the claims against CCDH. MLex covered the appeal's filing.
During oral arguments on September 30, 2024, a Ninth Circuit panel expressed doubts regarding X’s claims. Judges questioned the basis for liability on publishing truthful information and showed skepticism about damages claimed due to data scraping, as reported by Law360.
CCDH focuses on exposing online hate and misinformation. It has denied legal merit to X’s claims. While CCDH's CEO Imran Ahmed has publicly criticized X’s platform, we could not verify direct quotes for this story.
This case underscores the tension between digital platforms and watchdog groups monitoring harmful speech. Its outcome may redefine the boundaries of data scraping, free speech protections, and platform liability law, which are critical issues for legal professionals advising tech and social media companies.
By the numbers:
- July 31, 2023 — Date X filed its original lawsuit against CCDH
- March 25, 2024 — Date of district court dismissal of X’s suit
- September 30, 2024 — Date of Ninth Circuit oral arguments expressing doubts on X’s claims
Yes, but: Although the Ninth Circuit panel expressed skepticism on X's claims, the court has yet to issue a ruling, leaving legal uncertainties unresolved.
What's next: A Ninth Circuit decision on X’s appeal is expected later in 2024; its ruling could set precedents on data scraping and free speech liability in tech law.