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Elon Musk, owner of the social media platform X, formerly known as Twitter, has filed a lawsuit against New York state over its "Stop Hiding Hate Act." The lawsuit, submitted on Tuesday (June 17) in Manhattan Federal Court, argues that the law violates free speech rights under the U.S. and New York state constitutions.
The "Stop Hiding Hate Act," signed into law by Governor Kathy Hochul last December, requires social media companies to disclose how they handle hate speech, extremism, disinformation, and other harmful content. It mandates these companies to publish their terms of service and submit reports detailing their content moderation practices. Companies failing to comply could face penalties of $15,000 per violation per day.
Musk's legal team contends that the law compels non-commercial speech, which is protected under the First Amendment. They argue that the requirement to disclose sensitive information about content moderation processes infringes on free speech rights. The lawsuit seeks to have the law's reporting requirements struck down.
The law was crafted with the intent of providing transparency and accountability over harmful online speech. Its authors, State Senator Brad Hoylman-Sigal and Assembly Member Grace Lee, collaborated with the Anti-Defamation League in drafting the legislation. They argue that the law is necessary to combat the spread of hate speech and misinformation online.
This lawsuit follows a similar legal challenge by X against a California law requiring social media companies to disclose their definitions of hate speech and extremism. X successfully blocked that law, arguing it violated the First Amendment.
As the law goes into effect this week, Musk hopes the court will prevent New York from enforcing it. Representatives from the New York Attorney General’s office have not yet commented on the lawsuit.