US judge dismisses X lawsuit over New York law requiring hate speech disclosures

A US District Court judge has dismissed a lawsuit brought by Elon Musk's social media platform X, formerly Twitter, which sought to invalidate a New York state law. The law, called the Stop Hiding Hate Act, mandates that social media companies with substantial annual revenue disclose their methods for combating hate speech, extremism, harassment, foreign interference, and disinformation on their platforms.

US District Judge John Cronan in Manhattan rejected X's central argument that the law infringed upon the First Amendment of the US Constitution. X contended that the legislation would force it to reveal "highly sensitive and controversial speech" or face significant legal penalties. However, Judge Cronan stated that the requirement for X to report "purely factual and uncontroversial information" regarding its content moderation policies was a reasonable measure. He likened the situation to requiring restaurants to disclose calorie information, emphasizing that such disclosures are factual and do not compel speech.

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requiring X to report 'purely factual and uncontroversial information' about its content moderation policies was reasonably related to New York's interest in letting people make informed choices about using social media.

The dismissal is final, meaning X cannot refile its complaint. The law, signed in December 2024 by Governor Kathy Hochul, applies to companies with at least $100 million in annual revenue and requires them to report on their progress in eliminating hate speech. The potential penalties for violations include civil fines of up to $15,000 per day. The Anti-Defamation League assisted in drafting the legislation.

New York Attorney General Letitia James defended the law, arguing it empowers consumers to make informed decisions about social media use without restricting platforms' ability to moderate content. Musk, who has described himself as a "free speech absolutist," dramatically altered Twitter's content moderation policies after acquiring the company in 2022. Neither X nor its parent company SpaceX immediately responded to requests for comment.

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Businesses always exercise their discretion, judgment, and opinions when deciding what goods or services to offer. Burger King chooses to generally offer higher-calorie items than, say, Sweetgreen, but the disclosure of calorie information remains purely factual. So too here.