Elon Musk’s social media platform X, formerly known as Twitter, is taking legal action against the state of New York over a law that requires social media companies to disclose how they monitor and address hate speech and extremist content. Filed on Tuesday in a federal court, the lawsuit argues that the law, known as the Stop Hiding Hate Act, infringes on constitutional rights—specifically the First Amendment.
A Legal Battle Over Free Speech
X contends that the legislation forces platforms to reveal how they handle what it calls “highly sensitive and controversial speech.” The company claims that such disclosure requirements interfere with editorial discretion and amount to compelled speech, a violation of the U.S. Constitution.
“This is not a role that the government may play,” X’s filing states, emphasizing that content moderation is a subjective task. “Deciding what content is acceptable on social media platforms engenders considerable debate among reasonable people about where to draw the correct proverbial line.”
The lawsuit names New York Attorney General Letitia James, who is tasked with enforcing the law, as the defendant. Neither James’ office nor representatives for X provided a comment when contacted by news outlets on Tuesday.
What the Law Requires
Passed in December 2023, the Stop Hiding Hate Act mandates that social media companies make public their content moderation practices related to hate speech, misinformation, and extremism. Platforms must also disclose their progress and actions taken to reduce harmful content.
The law’s sponsors—New York State Senator Brad Hoylman-Sigal and Assemblymember Grace Lee—defended the legislation on Tuesday. “Social media companies like X have become cesspools of hate speech,” they said in a joint statement. “They have consistently failed to inform the public about their policies regarding hatred and misinformation.”
The lawmakers also denied the law infringes on free speech, asserting that it promotes transparency rather than censorship.
A Broader Legal Strategy
X’s legal challenge in New York comes just nine months after it successfully blocked a similar law in California. That law would have required major social media companies to submit regular reports about how they handle content moderation. A federal court largely struck it down, and X’s attorneys are now referencing that case extensively in their arguments against the New York legislation.
The platform’s legal filing criticizes New York lawmakers for moving forward with the bill even after the California law was largely dismantled. “Despite knowing about the ruling in California, the state of New York failed to revise or reconsider its legislation,” the filing states.
Musk’s Approach to Content Moderation
Since acquiring the platform in 2022, Elon Musk has taken a hands-off approach to content moderation. He rolled back many of the policies designed to curb misinformation and harmful speech, arguing for what he calls “absolute free speech.”
But critics say the platform has become more toxic as a result. Professor Laura Edelson, a computer science expert at Northeastern University, told reporters that X has not only loosened its moderation standards but has also drastically cut back on enforcement. “Even though rules around spam haven’t changed on X, there is so much more floating around than there used to be,” Edelson said.
X has previously clashed with researchers and watchdog groups over the platform’s content. Last year, a federal judge dismissed a lawsuit Musk filed against a nonprofit that documented a rise in hate speech on the platform.
The Bigger Picture
The lawsuit against New York comes at a time when social media platforms face increasing scrutiny for their role in shaping public discourse, especially with the 2024 U.S. presidential election looming. A new report by the Reuters Institute reveals that most Americans now consume news primarily through social media, with platforms like X playing a central role.
This shift has intensified debates about the responsibilities of tech companies and whether government regulation is necessary to ensure safer online spaces. While lawmakers push for transparency, tech companies like X argue that such regulation can veer into unconstitutional territory.
As the legal battle unfolds, the case could set a precedent for how far states can go in regulating content moderation practices on social media platforms. With Elon Musk leading the charge, the fight over where to draw the line between free expression and harmful speech is far from over.