Elon Musk’s X Corp (formerly Twitter) has filed a case against New York State, directly contesting the constitutionality of the “Stop Hiding Hate” Act. This significant lawsuit pits Musk’s self-proclaimed “free speech absolutism” against New York’s attempt to regulate hate speech, extremism, disinformation, harassment, and foreign political interference on social media platforms.
The lawsuit, filed in Manhattan federal court, argues that the law violates both the First Amendment and the New York State Constitution. X Corp contends that the act forces the company to disclose highly sensitive and potentially controversial speech deemed objectionable by New York, thereby infringing on freedom of speech. The company asserts that determining acceptable online content is a matter of ongoing debate and should not be a role for government regulation.
Adding fuel to the fire, the lawsuit cites a letter from the bill’s sponsors, state Senator Brad Hoylman-Sigal and Assemblymember Grace Lee, who criticised X Corp and Musk’s content moderation policies, describing them as a threat to democracy. New York Attorney General Letitia James is named as the defendant in the lawsuit.
Musk’s stance as a free speech absolutist, particularly after dismantling Twitter’s content moderation policies following his 44 billion dollar acquisition in October 2022, is central to this legal dispute.
The New York law mandates disclosure of steps taken by social media companies to combat hate speech and requires regular progress reports. Significant daily fines of 15,000 dollars per violation are imposed for non-compliance. The law’s originators, along with the Anti-Defamation League, actively supported its creation and passage, which was signed into law in December by Governor Kathy Hochul.
X Corp highlights the similarities between New York’s law and a near-identical California law, parts of which were blocked by a federal appeals court due to free speech concerns. X Corp successfully negotiated a settlement with California, preventing enforcement of the disclosure requirements.
Despite the lawsuit, the New York legislators expressed unwavering confidence that the courts will uphold the law. They view Musk’s legal action as a testament to the act’s necessity, suggesting his resistance to transparency highlights the very issues the law aims to address.
