The homepage of X is shown on both a computer and a smartphone in Sydney on October 16, 2023. (Rick Rycroft / AP)
Elon Musk’s social media platform, X (formerly known as Twitter), has filed a lawsuit against the state of New York, claiming that a newly passed law targeting online hate speech goes against the U.S. Constitution.
The law, called the Stop Hiding Hate Act, forces social media companies to explain how they handle posts related to hate speech, extremism, harassment, disinformation, and foreign political meddling. X argues this law oversteps legal boundaries and could punish platforms for not revealing content New York considers offensive.
In the complaint filed in Manhattan federal court, X said the law pressures platforms to disclose how they deal with “sensitive and controversial” speech. This, according to the company, is a direct hit to free speech, a right protected by the First Amendment.
“This law asks platforms to decide what people can and can’t say online — that’s a public debate, not the government’s job,” X’s legal team said.
The lawsuit also includes a letter from lawmakers who created the law. The letter specifically called out Elon Musk, accusing him and his platform of failing to moderate harmful content, claiming it could damage the nation’s democratic fabric.
New York’s Attorney General, Letitia James, is named in the lawsuit as the key enforcer of the law. Her office has yet to respond to the lawsuit or make any public statements.
Elon Musk, who has become one of the most vocal supporters of free speech and is closely aligned with Republican presidential candidate Donald Trump, made big changes after buying Twitter for $44 billion in 2022. One of his first actions was scrapping the platform’s strict content moderation policies.
The law, passed in December 2023 and written by Democratic lawmakers Brad Hoylman-Sigal and Grace Lee with help from the Anti-Defamation League, requires platforms to be transparent about their efforts to tackle online hate and to report regularly on their progress. If they fail to comply, they face fines of up to $15,000 per violation per day.
X also pointed out that the New York law closely mirrors a 2023 California law that was partially blocked by a federal court due to similar free speech concerns. In February 2024, California settled with X and agreed not to enforce the rules around content disclosure.
Neither Senator Hoylman-Sigal nor Assemblymember Grace Lee have issued public responses as of now.
As the debate over free speech and online safety continues, this lawsuit will likely become a key test case. It pits concerns over hate speech against the right to express opinions freely on digital platforms.
