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First Amendment

Elon Musk's X Loses First Amendment Challenge to New York's 'Stop Hiding Hate Act'

Musk's X Corp., along with other social media companies operating in the state, must disclose whether and how it defines hate speech and disinformation.

Meagan O'Rourke | 8.28.2026 1:54 PM

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Elon Musk and a censored word and X on a laptop screen | Photo: Frédéric Legrand/Dreamstime/Cristian Bonaviri/Sipa USA/Newscom
(Photo: Frédéric Legrand/Dreamstime/Cristian Bonaviri/Sipa USA/Newscom)

After losing a legal battle in New York, Elon Musk's X Corp. must now disclose its content moderation policies to New York's attorney general. 

On Wednesday, a federal judge tossed out a lawsuit by Musk's social media company challenging New York's "Stop Hiding Hate Act." The act requires social media companies operating in the state and generating more than $100 million in annual revenue to submit two reports per year to the New York state attorney general that disclose "whether and how platforms define hate speech, disinformation, extremist or racist content, harassment, and foreign political interference."

In June of 2025, X Corp. sued New York Attorney General Letitia James, arguing that provisions of the law "impermissibly [interfere] with the First Amendment-protected editorial judgments of companies such as X Corp. to remove, demonetize, or deprioritize such speech on their platforms." 

In his ruling on Wednesday, District Judge John Cronan of the Southern District of New York rejected X's claim that the law infringes upon the First Amendment.  

Cronan acknowledged that "businesses might not always want to share every detail about the products or services they offer." Still, he wrote, "when the government requires those businesses to speak truthfully about their offerings, the First Amendment typically allows for that kind of disclosure requirement."

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

As Eugene Volokh, professor emeritus at UCLA School of Law, noted in The Volokh Conspiracy, "the court also held that the law wasn't preempted by [Section 230 of the Communications Decency Act] because it doesn't actually forbid or mandate any content moderation." 

Although New York's law was upheld, a similar law in California was previously declared unconstitutional. In 2024, the U.S. Court of Appeals for the 9th Circuit ruled that provisions of California Assembly Bill 587, which Democratic Gov. Gavin Newsom signed into law in 2022, likely violated the First Amendment after a separate challenge by X Corp. The federal appeals court ruling temporarily blocked the state from enforcing the law's Content Category Report provisions, which require social media companies to report whether and how they define content categories including hate speech, racism, extremism, disinformation, and harassment.

In February of 2025, the state's attorney general, Rob Bonta, and X Corp. reached a settlement in which both "parties agreed that the provisions that required large social media companies to disclose their content moderation and hate speech policies violated the First Amendment, and the Attorney General would not be able to enforce those parts of the law," according to Tech Policy Press. 

Hypothetically, disclosures about a company's social media moderation policies could benefit users seeking more transparency regarding content regulation. Some users may want to use a more heavily moderated platform while others may opt for a less restrictive environment with the understanding they may encounter "hate" (however that is defined). But the authors of these forced disclosure laws seem more interested in stamping out "hate," which is constitutionally protected, than simply promoting informed consumer choice. 

When Newsom signed A.B. 587 into law, he said "California will not stand by as social media is weaponized to spread hate and disinformation that threaten our communities and foundational values as a country." He added, "Californians deserve to know how these platforms are impacting our public discourse, and this action brings much-needed transparency and accountability to the policies that shape the social media content we consume every day."

When New York's law went into effect in 2025, James warned that "with violence and polarization on the rise, social media companies must ensure that their platforms don't fuel hateful rhetoric and disinformation." The law was also supported by the Anti-Defamation League, which said "social media is used to spread hate speech, racism and misinformation" and companies "haven't even provided clear reports on their policies and enforcement."

The New York law's co-sponsors have said the law does not intend to violate the First Amendment and that it is meant to help "consumers to better decide which social media platforms they utilize." Still, it's concerning that New York officials, who openly believe these companies are hiding "hate," should have such an interest in a social media platform's moderation policies at all.

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Meagan O'Rourke is an associate editor at Reason.

First AmendmentLawsuitsSocial MediaTwitterElon MuskHate SpeechFree SpeechDisinformationNew York
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  1. Don't look at me! ( Is the war over yet?)   2 months ago

    They can define hate speech, but can’t define what a woman is.

    1. JesseAz (RIP CK)   2 months ago

      The state didnt actually define it. They are requiring companies to do it. Likely in a way to go after then with consumer protection laws if they believe the provided definition wasnt followed.

      1. Clipton   2 months ago

        No, they want to go after companies that don't define "hate speech" as expansively as they do.

        1. JesseAz (RIP CK)   2 months ago

          They dont define hate speech. Go look at their laws. It is intentionally vague.

          1. Clipton   2 months ago

            That's because it's impossible to define such a subjective term as "hate speech." It's a term used as an excuse to censor or ban speech someone in power doesn't like.

      2. damikesc   2 months ago

        I guess "MUH PRIVATE PLATFORMZZZ!" is no longer Reason's rallying cry.

        Another reason why Reason libertarianism is a shithole.

  2. middlefinger   2 months ago

    Easy peasy. Do this X:

    Individuals have millions of differing opinions on what constitutes misinformation and hate speech, therefore,
    “Offensive or what individuals call hate speech is easily blocked with a click.” or not using X

    1. Idaho-Bob   2 months ago

      Hate speech - Anything the right says that criticizes the left.

      This does not apply to ANYTHING the Left says (or does) to the Right.

      Murdering your children, or CEO's, or Christian campus debate people is 100% acceptable.

      Pattern recognition is fascism, same as defining a woman as "an adult human female".

      1. middlefinger   2 months ago

        They can’t win elections without censorship. In Germany they are arresting citizens.

        https://nypost.com/2025/02/21/world-news/germans-cant-insult-politicians-which-is-why-we-need-to-protect-free-speech-in-the-us/

  3. middlefinger   2 months ago

    It’s always a good time for the Democrats to RIOT over something.

    1. Ersatz   2 months ago

      I believe the Democrats and the media (but i repeat myself) have already redefined Riot as Insurrection.... at least where conservative causes are identified.

  4. middlefinger   2 months ago

    Democrats fabricated documents to have Brazilian conservative politician arrested and imprisoned. (Illegally according to Greenwald)

    https://greenwald.substack.com/p/the-biden-era-cbp-fabricated-a-document

    1. JesseAz (RIP CK)   2 months ago

      Same shit they did during J6 worh Talarico. They used an informant to email him a document they then used as the basis for his conviction. Never even proved he read or agreed with it.

      1. middlefinger   2 months ago

        This is Stalinist shit, real old Soviet policy.

      2. mad.casual   2 months ago

        And then Reason turns around with "Rubio banned email in Italy" or "Trump tries to demolish Kennedy Center" and gets baffled when people don't take them seriously.

  5. car-keynes   2 months ago

    --> So now you know how you can get in trouble for using 1st amendment grounds to get away with hosting free speech: Emotions ruin despicable efforts to communicate without live objection.

  6. Agammamon   2 months ago

    >Cronan acknowledged that "businesses might not always want to share every detail about the products or services they offer." Still, he wrote, "when the government requires those businesses to speak truthfully about their offerings, the First Amendment typically allows for that kind of disclosure requirement."

    What is interesting here is that Reason, after screaming bloody murder about Trump's executive branch, offers no commentary on a member of the executive branch of New York state unilaterally just making an order demanding companies do something.

    1. Zeb   2 months ago

      Wasn't it the legislature making the demands in this case?

      1. JesseAz (RIP CK)   2 months ago

        Executive enforces the 15k fine daily.

        1. Zeb   2 months ago

          Right, the executive's job is to enforce the laws, but unless I'm missing something (which I may be), that doesn't sound like "unilaterally just making an order demanding companies do something." But rather enforcing the (stupid) law the legislature passed.

          1. JesseAz (RIP CK)   2 months ago

            My issue with this is what even the 9th recognized, it is compelled speech to define conditions and terms so that they can then go after them for consumer protection laws.

            And I believe the law is up to 15k a day, which the executive chose in this case. Sounds a lot like Brazil did.

            Their own government doesnt define these terms in their laws yet they demand companies do.

            1. damikesc   2 months ago

              So, should red states do the same for stuff like BlueSky?

              Reason, back when Twitter existed and was not the vastly superior X would have been stark-raving mad about this.

              But, hey, free speech is no longer libertarian. Only open borders and butt sex.

      2. Agammamon   2 months ago

        attorney general made the demand.

    2. car-keynes   2 months ago

      "We have ways of making you talk."

      What's so funny?

  7. MWAocdoc   2 months ago

    Simple. Stop "operating in the state of New York."

    1. Idaho-Bob   2 months ago

      ^This.

    2. Rossami   2 months ago

      Not really all that simple. How do you stop New Yorkers from reading your blog? NY asserts jurisdiction over anything there citizens might read regardless of where you are when you publish it. By making your content available, you have "consented" to NY regulations.

      Yes, you could try to put an IP blocker on your website and disallow NY visitors to your website but a) that doesn't work for NY residents who live near a border and use an ISP on the other side or b) that doesn't work at all for anyone using a VPN. NY, like most states, illogically asserts even when I lie to you about my state of residence, you are still on the hook for selling a 'forbidden product' to me.

      1. damikesc   2 months ago

        Unclear how a state can say "Our citizens steal your product" and give themselves access to demand anything of you.

        1. Eeyore   2 months ago

          What X needs is a Texas law that says X can fine another state or city if a resident of that location violates X's private property (by accessing X) because they failed to prevent their citizen from committing the crime. I say 15k per infraction is justifiable. No way this law wouldn't eventually get thrown out, but it's as absurd to me as the hate speech laws.

        2. Rossami   2 months ago

          It's not stealing if you offer it up.

          And states say it because they can get away with it.

      2. MWAocdoc   2 months ago

        Exactly! New York conveniently fails to define "operations" in their state. If New York state officials fine X for violating their rules and X refuses to pay the fine, how is New York going to enforce its regulations?

  8. Agammamon   2 months ago

    >Hypothetically, disclosures about a company's social media moderation policies could benefit users

    And here we have the author carrying water for the AG.

    Here's the thing - unless you think companies are stupid then if there were actually an advantage they would do it.

    AAAAAND - no one need look further than the content of the feed to see the content moderation policies in action. Hence why so many people fled to Bluesky when Musk opened up Twitter.

    And I would note that Reason defended Twitter during the pre-Musk era of censorship by claiming that there, clearly, was no censorship, if there was censorship then it was a 'private company, doing private things' and no business of the government.

    1. MWAocdoc   2 months ago

      Myth: libertarians automatically accept any wrong-doing by private entities because they are private entities. Actual position: private entities are automatically subject to potential competition and choice by potential customers based on preferences. Private entities should be held to the same legal standards as every other person within the jurisdiction under the constitutionally acceptable criminal laws, and not subjected to unjustified regulatory interference as long as they do not violate the criminal laws. Government, on the other hand, must be held strictly accountable to the Constitution of the United States of America and not allowed to interfere unconstitutionally in the private affairs of private entities.

      1. damikesc   2 months ago

        "Myth: libertarians automatically accept any wrong-doing by private entities because they are private entities."

        Maybe they do not. Reason, though, very much did. Repeatedly.

        Your argument was one Reason routinely called false for years. Over and over.

    2. damikesc   2 months ago

      "And I would note that Reason defended Twitter during the pre-Musk era of censorship by claiming that there, clearly, was no censorship, if there was censorship then it was a 'private company, doing private things' and no business of the government."

      Indeed. Reason argued, CONSTANTLY, that social media platforms had unfettered control over their moderation.

      Until Twitter stopped being a lefty echo chamber.

      Then they found nuance.

      1. MWAocdoc   2 months ago

        I do not remember it that way. My recollection was that "Reason" was very much against "jawboning" because it had the same practical impact on private entities as outright censorship would have had. The threat of "investigation" and potential regulation would be sufficient to cause platforms to "self-censor" and achieve the same goal as official censorship. I agree that private entities have the right to self-censor but that it is fundamentally different in terms of the implications for "liberty" from official censorship.

  9. TJJ2000   2 months ago

    Now that is insanely rich. A double standard like no other.
    Every social media out there was censoring right-wing content.
    And every case against it got excused as "mur, private co."
    Trump media and X come into the market and all the sudden the exact same cases hold water.

    1. MWAocdoc   2 months ago

      There is a fundamental difference between official censorship (i.e. violation of our First Amendment rights) and self-censorship by private platforms. The best remedy for censorship by private platforms is a combination of lots of competition between platforms and choice by customers who might object to the particular bias on a particular platform, or censorship in general. There is no choice available to the people when government imposes official censorship or intimidates private enterprise into censoring on behalf of the government.

      1. TJJ2000   2 months ago

        Thus the double standard...

        "In his ruling on Wednesday, District Judge John Cronan of the Southern District of New York *rejected* X's claim that the law infringes upon the First Amendment." ... upholding the law that "intimidates private enterprise into censoring on behalf of the government"

  10. Jesse fantasizes about having a 3some with Dave Smith and Maddow   2 months ago

    Fuck Elon! Is that hate speech?

  11. Rossami   2 months ago

    I oppose this law not on First Amendment grounds but that it is a) performative nonsense that will make no difference to the polarization of websites or social media content, b) is a regulatory trap for companies that attempt to comply and c) much like the recent Meta settlement, is an anti-competitive regulatory lock-in mechanism that will penalize small companies and disincent innovation because large existing companies have a wider base across which to amortize the compliance costs.

    1. Eeyore   2 months ago

      BluSky - the official platform of the New York state government.

  12. Eeyore   2 months ago

    The person who reads hate speech is the person to blame.

  13. Leo Kovalensky II   2 months ago

    The act requires social media companies operating in the state and generating more than $100 million in annual revenue to submit two reports per year to the New York state attorney general that disclose "whether and how platforms define hate speech, disinformation, extremist or racist content, harassment, and foreign political interference."

    If I were Elon, I would disclose the following, twice annually: "We protect all speech on our platform in compliance with the 1st Amendment to the US Constitution incorporated to the state of New York under the 14th Amendment to the US Constitution and Article 1, Section 8 of the New York Constitution" If and when they get sued, fined, or whatever, I'd like to see a Judge that can claim their policy is illegal on appeal.

    1. MWAocdoc   2 months ago

      Unfortunately Elon has no incentive to do that. The article makes it clear that caving in to the lawsuits benefits his company at the expense of his competitors; and paying the blood money is a drop in the bucket compared to what he stands to gain from "losing."

  14. richardwashby   2 months ago

    The whole point of free speech is that the purveyors of "objectional" speech are outed. Having platforms remove some speech defeats the object of the exercise. But we shouldn't be surprised that most legislators will say stupid stuff to get attention.

    1. MWAocdoc   2 months ago

      I disagree that that is the WHOLE point of free speech. I agree that it is an important aspect of our First Amendment rights, but a more important purpose would be to prevent government from oppressing people by taking away one of the potential tools that officials like to use to enhance their own official power. Another important purpose is to encourage debate on important issues. Letting people blab about socialism may help you identify the socialists, but unless you are going to take action against them criminally, it's not all that useful.

  15. vaadu   2 months ago

    X can say we don't define things that don't exist, ie hate speech. All there is is speech. We won't censor anything that's 1st amendment compliant. Maybe add doxxing.

    We let our users handle disinformation via community notes.

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