Tah v. Glob. Witness Publ’g

In Tah v. Glob. Witness Publ’g, 991 F.3d 231 (D.C. Cir. 2021), a 2-1 majority on the D.C. Circuit affirmed a Rule 12(b)(6) dismissal of defamation lawsuit, for failure to plausibly allege actual malice. The decision is notable because of Judge Silberman's observation in dissent that:

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As has become apparent, Silicon Valley also has an enormous influence over the distribution of news. And it similarly filters news delivery in ways favorable to the Democratic Party. See Kaitlyn Tiffany, Twitter Goofed It, The Atlantic (2020) ("Within a few hours, Facebook announced that it would limit [a New York Post] story's spread on its platform while its third-party fact-checkers somehow investigated the information. Soon after, Twitter took an even more dramatic stance: Without immediate public explanation, it completely banned users from posting the link to the story.")

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Tah v. Glob. Witness Publ'g, Inc., 991 F.3d 231, 255 (2021) (Silberman, J., dissenting) (footnote omitted).