Musk's X sues New York over law requiring hate speech data

Elon Musk waves as he arrives for a state dinner at the Lusail Palace in Qatar
Elon Musk waves as he arrives for a state dinner at the Lusail Palace in Qatar. Photo credit Win McNamee/Getty Images

BLOOMBERG (NEW YORK) -- Elon Musk’s X Corp. sued the state of New York claiming a law requiring social media companies to disclose how they deal with hate speech, extremism and disinformation violates the US Constitution.

X filed a suit in Manhattan federal court Tuesday, claiming provisions of New York’s “Stop Hiding Hate Act,” signed by Governor Kathy Hochul in December, violate state and federal free speech guarantees. The company is seeking an order declaring the provisions void and blocking the state from enforcing them.

The law, which goes into effect this week, requires X and other major social media companies to file reports detailing how they define and moderate hate speech, racism, extremism, radicalization, disinformation and misinformation, harassment and foreign political interference. It’s part of a broader effort by states to mitigate what they see as the harmful effects of online platforms.

The rules are based on a similar California law that the company successfully challenged in court. A federal appeals court last year granted X an order preliminarily blocking that law, known as AB 587.

The Ninth US Circuit Court of Appeals ruled in September that the California law forced companies to provide state-required, non-commercial speech, in violation of the First Amendment.

The suit names Letitia James as the defendant, in her role as New York Attorney General. Her office didn’t immediately respond to a voicemail seeking comment on the lawsuit. X also didn’t immediately respond to a request to comment.

New York state Senator Brad Hoylman-Sigal, who sponsored the bill, said in a statement when it was signed into law that it “requires large social media companies to be transparent and accountable for their policies and moderation practices regarding online hatred.”

The first reports are due under the New York law by Jan. 1, according to X.

The case is X Corp. v. James, 25-cv-05068, US District Court, Southern District of New York (Manhattan).

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Featured Image Photo Credit: Win McNamee/Getty Images