New York has fired back at Elon Musk’s X, asking a federal judge to toss out the company’s attempt to overturn a state law that forces social media platforms to reveal how they handle hate speech, disinformation, extremism, and harassment.
Attorney General Letitia James argued that the Stop Hiding Hate Act doesn’t silence platforms—it simply demands transparency. “This law empowers users to make informed decisions about the platforms they use,” her office said, calling it a consumer-rights measure rather than a speech restriction.
The law, modeled partly on California’s since-paused version, requires platforms earning over $100 million a year to publish details about their content moderation rules and enforcement results. Failure to comply can cost companies up to $15,000 per violation per day.
X, formerly Twitter, insists the law goes too far—claiming it violates free speech by forcing companies to disclose “sensitive and controversial” material that the state might disfavor. The platform pointed to a federal appeals court ruling that had blocked California’s similar law last year on constitutional grounds.
James countered that New York’s legal framework is different and built on sound precedent. She said the California decision rested on the “mistaken assumption” that moderation policies aren’t commercial speech—an idea courts in New York have already rejected.
The Stop Hiding Hate Act was signed into law by Governor Kathy Hochul late last year, crafted with input from the Anti-Defamation League amid rising concerns about online extremism and digital misinformation.
Elon Musk, who dismantled many of Twitter’s prior moderation systems after acquiring the platform for $44 billion in 2022, has long styled himself as a “free speech absolutist.” His stance has put X at odds with regulators and lawmakers across multiple states.
The ongoing battle, X Corp v. James, now sits before the U.S. District Court for the Southern District of New York—setting up a key test for how far states can go in holding social media giants accountable for what circulates on their platforms.
