Elon Musk’s X Corp Challenges New York Law

Clear Facts

• Elon Musk’s X Corp has filed a lawsuit against New York Attorney General Letitia James over the state’s “Stop Hiding Hate” law, arguing it infringes on First Amendment rights.
• The law mandates large social media platforms to disclose their content moderation policies and report on actions taken against “hate speech” and “disinformation.”
• Supporters of the law argue it provides necessary transparency, while X Corp contends it could suppress free speech and stifle open debate.

In a bold move, Elon Musk’s X Corp has taken legal action against New York Attorney General Letitia James, challenging the state’s “Stop Hiding Hate” law. The lawsuit, filed in Manhattan federal court, contends that the law infringes on the First Amendment by compelling social media platforms to disclose their methods of moderating user speech.

The controversial law requires large social networks to publish their content moderation policies and submit biannual reports to the attorney general. These reports must detail actions taken against “hate speech,” “disinformation,” and other enforcement measures. X Corp argues that this disclosure mandate is similar to a California law that was partially blocked by a federal appeals court last year.

In its filing, X Corp stated, “Defining the boundaries of acceptable discourse online engenders considerable debate among reasonable people about where to draw the correct proverbial line. This is not a role that the government may play.”

The full details of the filing remain unavailable to the public, and X Corp has not yet commented further on the matter.

The law requires platforms with New York users to clearly outline their terms of service, define what constitutes hate or misinformation, and provide detailed data on flagged posts, appeals, and takedowns twice a year.

Letitia James, the sole defendant in the lawsuit, has not responded to requests for comment. Supporters of the law, including the Anti-Defamation League, argue that these transparency rules address a rise in online “identity-based harassment.” Democratic Governor Kathy Hochul praised the law during its signing in December, stating it provides consumers with “the transparency and security they need and deserve.”

However, X Corp warns that the reporting requirements could lead to New York suppressing speech deemed “highly sensitive and controversial,” potentially hindering free debate. This argument echoes the Ninth Circuit’s decision to halt enforcement of California’s similar law, AB 587, in September.

As this legal battle unfolds, the tension between government regulation and free speech rights continues to be a contentious issue in the realm of social media.

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