X Sues New York Over New Hate Speech Law

Elon Musk’s social media platform X has initiated legal action against the state of New York, challenging a new law aimed at combating extremist speech. The “Stop Hiding Hate Act,” which comes into effect this week, mandates digital content providers, including X, to disclose their efforts in policing content on their platforms. X argues that this law is unconstitutional and is essentially a replica of California’s Assembly Bill 587, which it successfully challenged last year. The Ninth Circuit Court of Appeals issued an injunction, ruling that portions of the California law were unconstitutional under protected free speech rights. X expressed confidence in prevailing in this case as well, stating that the new law is a “carbon copy” of the California legislation.

Supporters of the bill argue that the rise of alternative media platforms has provided extremist groups with a means to destabilize society through targeted disinformation and misinformation. However, critics contend that such measures could lead to the censorship of “wrongthink,” as even well-intentioned efforts to prevent violence may result in regulatory overreach. Before Musk acquired Twitter in late 2022, users could be de-platformed for misgendering trans people, highlighting the potential for content moderation policies to be misused.

Co-sponsors of the bill, New York State legislators Brad Hoylman-Sigal and Grace Lee, labeled digital platforms as “cesspools of hate speech,” citing issues such as antisemitism, racism, Islamophobia, and anti-LGBTQ bias. They responded to X’s lawsuit by stating that the platform is using the First Amendment as a shield against accountability. The legislators expressed confidence that the court would reject X’s attempt to avoid disclosing information required by the law.

Musk himself has been involved in controversies that have fueled online anger. In the U.K. last summer, he backed extremist leader Tommy Robinson’s call to arms, which resulted in race riots across the country. Additionally, Musk platformed the far-right nationalist AfD in Germany, falsely characterizing its policies as similar to those of President Barack Obama. The party is under surveillance by German authorities as a threat to the country’s democratic order. These actions have led to a backlash against Musk’s Tesla in Europe, with sales declining across the continent.

Since Musk took over Twitter, he has fired the content management team and outsourced policing to a select group of volunteers. These volunteers have the discretion to choose whether to fact-check statements from violent extremist groups or address other issues. When brands followed the advice of the World Federation of Advertisers and departed the platform, Musk sued the WFA. Its affiliated non-profit, the Global Alliance for Responsible Media, shut its doors last August rather than pay the legal fees to defend itself in court. This approach has led to an ongoing legal fight with the European Union, which accused X of violating content moderation guidelines under its Digital Services Act.

On Tuesday, Musk’s X argued that New York’s Stop Hiding Hate Act is another attempt by the government to “eliminate” certain speech it doesn’t like. Cosponsors Hoylman-Sigal and Lee disagreed, stating that Musk’s efforts to avoid disclosing information to New Yorkers illustrate the need for the Stop Hiding Hate Act. The legal battle between X and New York State highlights the ongoing debate over content moderation and free speech protections in the digital age.