Asger Risom
Elon Musk’s X Corp is taking New York to federal court, arguing a new law mandating transparency on hate speech moderation violates free speech protections.
Amid growing national scrutiny of social media content, Elon Musk’s X Corp has filed a lawsuit against New York state over a new law that would require platforms to publicly outline how they monitor and manage hate speech, extremism, disinformation, and foreign influence.
A Challenge to Government Oversight
Filed in Manhattan federal court, the suit claims the Stop Hiding Hate Act infringes on the First Amendment by compelling platforms to report on controversial speech that the state may disapprove of.
The law also opens platforms to steep civil fines, up to $15,000 per violation per day, if they fail to comply.
“Deciding what content is acceptable on social media platforms engenders considerable debate among reasonable people about where to draw the correct proverbial line,” the complaint reads. “This is not a role that the government may play.”
X, formerly and better known as Twitter, argues that the law forces disclosure of editorial decisions that should remain private and warns it sets a dangerous precedent for state interference in digital speech.
Political Fallout and Legal Echoes
The law, signed in December 2024 by Governor Kathy Hochul, was crafted by Democratic lawmakers Brad Hoylman-Sigal and Grace Lee with support from the Anti-Defamation League.
In a joint statement, the legislators said Musk’s objection reinforces their rationale: “The fact that Elon Musk would go to these lengths to avoid disclosing straightforward information to New Yorkers shows why the law is necessary.”
According to Reuters, the law mirrors a 2023 California statute, which was partially blocked by a federal appeals court citing free speech concerns. California later agreed not to enforce its version after settling with X in February.
Musk’s Free Speech Crusade
Since acquiring Twitter in 2022 for $44 billion and rebranding it as X, Musk has eliminated many of the platform’s previous moderation protocols.
He has positioned himself as a staunch defender of unregulated online discourse, often drawing criticism for allowing hate speech and misinformation to flourish.
Surge in Extremist Content
Under Musk’s stewardship, X has seen a surge in far‑right and extremist content:
- Rhetorical realignment: Major European far‑right parties like Germany’s Alternative für Deutschland (AfD) have gained prominence on X—with Musk often engaging directly and even endorsing them (“Only the AfD can save Germany”).
- Resurgence of banned groups: Previously suspended neo‑Nazi and white supremacist accounts have been restored. Anonymous pro‑extremist channels have built sizable audiences—some with hundreds of thousands of followers.
- Advertisers withdraw: Independent watchdogs like Media Matters exposed hateful content adjacent to ads from major brands. Over a dozen Jewish organisations pulled their support, and X launched a defamation lawsuit in response.
- Algorithmic swaying: Analyses indicate that X’s personalization algorithms have disproportionately amplified Republican and far‑right voices post‑Musk takeover.
Experts warn that Musk’s moderation reversal and ideological leanings have made X fertile ground for extremist narratives.
The New York Attorney General’s office, named as the defendant in the case, has yet to issue a response.
The legal battle, filed under X Corp v. James, is now before the U.S. District Court for the Southern District of New York.