X Corp, of Elon Musk, has sued New York, challenging the constitutionality of a state law that requires social media companies to reveal how they monitor hate discourse, extremism, misinformation, harassment and foreign political interference.
The social network X said that the law known as Stop Hate Act violates the first amendment and the State Constitution by subjecting it to demands and strong fines unless revealed “highly sensitive and controversial speeches” that New York could find objectable.
Deciding what content is acceptable in social networks “generates a considerable debate among reasonable people about where to draw the right line,” said X. “This is not a function that the government can play.”
The complaint filed in the Federal Court of Manhattan, also cited a letter of two legislators who sponsored the law, which said that X and Musk in particular had a “worrying history” in moderation of content “that threatens the foundations of our democracy.”
The New York Attorney General, Letitia James, a Democrat who enforces the laws of the State, is the accused in the demand of X.
Musk, the richest person in the world and recently close advisor to Republican President Donald Trump, has described himself as an absolutist of freedom of expression. He eliminated the Twitter content moderation policy, as previously known to X, after buying the company for 44 billion dollars in October 2022.
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The New York Law requires social media companies to disclose the measures they adopt to eliminate hatred on their platforms and report their progress. Civil fines could reach $ 15,000 per infraction per day.
The law was drafted by state senator Brad Hoylman-Sigal, and assemblyman Grace Lee, both Democrats and with the help of the Anti-Diffamation League. It was signed in December by Governor Kathy Hochul, also a Democrat.
X said New York based his law on a California law of 2023 almost identical, whose application was partially blocked by a Federal Court of Appeals last September due to concerns about freedom of expression.
California agreed in February with X not to apply the dissemination requirements of the law. In a joint statement, Hoylman-Sigal and Lee said they trusted that a judge would confirm the New York content moderation law.
“The fact that Elon Musk has reached these extremes to avoid revealing direct information to New York,” demonstrates why the law is necessary, legislators said.
With Reuters information
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