On November 10, 2026, the 4th Circuit Court of Appeals unanimously blocked a Justice Department order demanding LinkedIn provide 18 months of metadata covering 1,900 interactions involving six journalists. Judge J. Harvie Wilkinson III ruled that the government's broad demand and accompanying secrecy order violated the First Amendment and Stored Communications Act, threatening source confidentiality essential for a free press. The decision remands the probe to a district court to narrow the data request.
4Th Circuit ruling against DOJ demand
- ▪The 4th Circuit Court of Appeals remanded the Justice Department's LinkedIn metadata case to the district court to assess whether requested records are relevant and to consider First Amendment and Stored Communications Act standards
- ▪Judge J. Harvie Wilkinson III ruled Justice Department demands for journalists' LinkedIn metadata records were substantially overbroad
- ▪The 4th Circuit Court of Appeals ruled that digital service providers like LinkedIn have standing to advocate for third-party First Amendment rights when government orders jeopardize user confidentiality
- ▪Judge J. Harvie Wilkinson III stated in his opinion that wholesale government requests for reporter records tip the balance against informed discourse and threaten press freedom
Scope of government orders to LinkedIn
- ▪The Justice Department obtained a Secrecy Order prohibiting LinkedIn from disclosing the existence of a Disclosure Order seeking journalists' metadata to targeted journalists or their news outlet
- ▪The Justice Department sought 18 months of LinkedIn metadata records involving details of about 1,900 interactions from six targeted journalists
Stored Communications Act orders
- ▪The Stored Communications Act prohibits digital service providers from sharing users' electronic communications with government entities without a search warrant, court order, or subpoena
- ▪A district court approved the Justice Department's Disclosure and Secrecy Orders targeting LinkedIn under the Stored Communications Act
Broader Trump administration reporter leak probes
- ▪During the Trump administration's second term, the Justice Department searched a Washington Post reporter's home and subpoenaed reporters at multiple news outlets regarding military leak probes
- ▪In 2026, Attorney General Todd Blanche authorized grand jury subpoenas to New York Times reporters and communications providers regarding reporting on the Qatari-donated Air Force One
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