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FACEBOOK, INC. v. SUPERIOR COURT (TOUCHSTONE)

No. S245203.

10 Cal.5th 329 (2020)

223 Cal. Rptr. 3d 660

FACEBOOK, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; LANCE TOUCHSTONE, Real Party in Interest; SUMMER STEPHAN, as District Attorney, etc., Intervener.

Supreme Court of California.

August 13, 2020.

Attorney(s) appearing for the Case

Perkins Coie, James G. Snell , Christian Lee ; Gibson, Dunn & Crutcher, Joshua S. Lipshutz and Michael J. Holecek for Petitioner.

Horvitz & Levy, Jeremy B. Rosen , Stanley H. Chen and Eric S. Boorstin for Google Inc., Oath Inc., Twitter, Inc., and California Chamber of Commerce as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Megan Marcotte , Chief Deputy Alternate Public Defender, and Katherine I. Tesch , Deputy Alternate Public Defender, for Real Party in Interest.

Todd W. Howeth and Michael C. McMahon for the California Public Defenders Assocation and the Public Defender of Ventura County as Amici Curiae on behalf of Real Party in Interest.

Law Offices of J.T. Philipsborn, John T. Philipsborn ; Sanger Swysen & Dunkle, Stephen K. Dunkle ; The Law Office of Donald E. Landis, Jr., and Donald E. Landis, Jr. , for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Real Party in Interest.

Jeff Adachi , Public Defender, Matt Gonzalez , Chief Attorney, and Dorothy Bischoff , Deputy Public Defender, for San Francisco Public Defender's Office as Amicus Curiae on behalf of Real Party in Interest.

Summer Stephan , District Attorney, Mark A. Amador , Linh Lam and Karl Husoe , Deputy District Attorneys, for Intervener.

OPINION

We granted review to address the propriety of a criminal defense subpoena served on Facebook, seeking restricted posts and private messages of one of its users who is also a victim and critical witness in the underlying attempted murder prosecution.

In addition to discussing the Fifth and Sixth...

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