But as we write in the brief, the court’s opinion in this case “carves out, for the first time, a whole category of prior restraints that receive no more scrutiny than subsequent punishments for speech—expanding officials’ power to gag virtually anyone who interacts with a government agency and wishes to speak publicly about that interaction.” This exception supposedly applies to “government restrictions on the disclosure of information transmitted confidentially as part of a legitimate government process,” including nondisclosure rules regarding national security requests like the ones Twitter wanted to discuss. Needless to say, this carveout goes against mountains of precedent from the Supreme Court and the Ninth Circuit itself.

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