Elon Musk’s X Sues New York Over Hate Speech Law, Citing Free Speech Rights

Elon Musk’s social media platform X (formerly Twitter) has filed a lawsuit against the state of New York, aiming to block a recently passed law that mandates transparency around how platforms handle hate speech and other harmful content. The law, known as the Stop Hiding Hate Act, requires platforms to submit biannual reports outlining their definitions, moderation practices, and statistics related to hate speech, extremism, disinformation, harassment, and foreign political interference.

Filed in a Manhattan federal court, the lawsuit argues that this requirement amounts to unconstitutional interference in X's editorial practices. According to a Reuters report, companies that fail to comply with the law may face penalties of up to $15,000 per violation per day.

X maintains that the law violates the First Amendment by compelling platforms to disclose “highly sensitive and controversial speech” and by forcing editorial decisions about what to report. “This is not a role that the government may play,” the platform stated in its legal filing. It further argues that determining the boundaries of acceptable speech is inherently subjective and a matter for private platforms, not government legislation.

The lawsuit draws parallels with a similar situation in California, where a comparable law was partially blocked by a federal appeals court in 2023. X and the state of California eventually reached a settlement in February 2024, allowing the platform to bypass the reporting requirements.

The New York legislation, which passed in December 2024, was authored by State Senator Brad Hoylman-Sigal and Assemblymember Grace Lee. The lawmakers argue the law is not about censorship but about accountability. They insist it simply ensures that social media firms are transparent about how they manage harmful content on their platforms.

Responding to X's legal challenge, the lawmakers stated: “Now more than ever... New Yorkers deserve to know what social media companies like X are doing (or not doing) to stop the spread of hatred and misinformation on their platforms.” They also called X a “cesspool of hate speech” and criticized its historical lack of transparency regarding content moderation.

Since Elon Musk acquired X in 2022, the platform has significantly scaled back its content moderation efforts. It disbanded the Trust and Safety Council and reinstated several accounts that were previously banned. According to a report by The Associated Press, watchdogs and researchers have noted a marked increase in hate speech and extremist content on the platform since Musk’s takeover.

Despite describing himself as a “free speech absolutist,” Musk and X have also pursued legal action against researchers tracking the rise of harmful content. One such lawsuit against a nonprofit organization was dismissed by a federal judge in 2024.

The platform has also been criticized for targeting journalists and media outlets that have published critical coverage. According to The Guardian, X has suspended accounts and restricted links from platforms Musk disapproved of.

With its new lawsuit, X appears ready to replicate its California legal strategy in New York, signaling another high-profile clash between tech platforms and government regulation over content moderation and free expression.