Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:22-cv-01776—Edmund A. Sargus, Jr., District Judge.
Argued: June 15, 2023
Decided and Filed: September 14, 2023
Before: BOGGS, WHITE, and BUSH, Circuit Judges.
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OPINION
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JOHN K. BUSH, Circuit Judge. Several Twitter users were temporarily or permanently
banned from the platform for posting alleged COVID-19 misinformation. Rather than sue
Twitter, these users chose to sue the United States Department of Health and Human Services, its
Secretary, and the United States Surgeon General (collectively, HHS). Though these users
asserted claims under the First Amendment, Fourth Amendment, and Administrative Procedure
Act, the district court dismissed their complaint for lack of jurisdiction and failure to state a
claim. On appeal, we ask: are Twitter’s actions traceable to the federal government? Based on
the facts alleged in the complaint, no. We affirm. |