Elon Musk’s X Corp has sued New York State Attorney General Letitia James, challenging a law in the US state that requires social media companies to disclose how they monitor hate speech, extremism, and other content. The complaint, filed on Tuesday in a Manhattan federal court, argues that the law forces companies to disclose “highly sensitive and controversial speech” that is protected under the United States Constitution’s First Amendment, but disfavored by the state.
The law, known as the Stop Hiding Hate Act, requires social media companies to clearly explain their terms of service to users and submit reports on those terms to the attorney general. “We are taking bold action to hold companies accountable, strengthen protections, and give consumers the transparency and security they need and deserve,” New York Governor Kathy Hochul said when the law was passed in December 2024.
X Corp is seeking a court order to block enforcement of the law. Deciding what content is acceptable on social media platforms “engenders considerable debate among reasonable people about where to draw the correct proverbial line”, X said, adding “this is not a role that the government may play”. The complaint also quoted a letter from two legislators who sponsored the law, which said X and Musk in particular had a “disturbing record” on content moderation “that threatens the foundations of our democracy”.
Free Speech Concerns
New York’s law requires social media companies to disclose steps they take to eliminate hate on their platforms, and to report their progress. Civil fines could reach $15,000 per violation per day. X said that New York based its law on a nearly identical 2023 California law whose enforcement was partially blocked by a federal appeals court last September because of free speech concerns. California agreed in a February settlement with X not to enforce the law’s disclosure requirements.
This marks the latest in a series of lawsuits by the company targeting US states over free speech concerns. In April, X sued the state of Minnesota over a law banning deepfakes intended to harm political candidates or influence elections. Musk has long described himself as a free speech absolutist, yet he has also been criticized for censoring political voices he disagrees with. The platform has also faced ongoing accusations of fostering hate speech under Musk’s leadership.