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Musk’s X Sues New York Over Law Requiring Disclosure Of Content Moderation Practices

Musk’s social media platform X sues New York over a law demanding transparency on handling harmful online content.

Elon Musk’s social media company X filed a lawsuit on Tuesday against the state of New York, seeking to block a new law that would require platforms to regularly disclose how they address problematic content. The company claims the legislation violates free speech protections and contradicts federal law.

Signed by Democratic Governor Kathy Hochul late last year, the law is expected to take effect in the coming months. It mandates that social media platforms submit biannual reports detailing their policies on hate speech, racist or extremist content, disinformation, and related categories. Companies must also outline how they define such terms, their moderation practices, and statistics on flagged posts, actions taken, and how widely harmful content was seen or shared.

In the suit filed in Manhattan federal court, X argues that New York is attempting to interfere in editorial decisions by compelling “politically charged disclosures.” The company claims the measure would generate public pressure that could force platforms to censor constitutionally protected speech the state finds objectionable.

“The state is impermissibly trying to generate public controversy about content moderation in a way that will pressure social media companies, such as X Corp., to restrict, limit, disfavor or censor certain constitutionally protected content on X that the state dislikes,” the lawsuit states.

New York Attorney General Letitia James’ office responded on Wednesday, saying it was reviewing the lawsuit and would “stand ready to defend the constitutionality of our laws.”

State legislators who sponsored the bill, Senator Brad Hoylman-Sigal and Assembly Member Grace Lee, both Democrats, argue that the law promotes transparency and accountability across social media platforms. However, X has faced particular scrutiny in recent years. In a 2024 letter to an X lobbyist, the lawmakers accused Musk and the company of having a “disturbing record” that they say undermines democratic values.

Musk, who acquired Twitter in 2022 and rebranded it as X, has significantly scaled back the platform’s content moderation efforts. Under the banner of free speech, he dissolved the Trust and Safety advisory group and reinstated accounts previously banned for spreading conspiracy theories. His changes also included incentivising content creation through partnerships and payouts, which outside observers say contributed to increased hate speech and harassment.

X previously challenged a similar law in California and succeeded in halting key provisions. A federal appeals panel temporarily blocked parts of that legislation last year on First Amendment grounds. California eventually settled the case, agreeing not to enforce the reporting requirements.

X’s latest legal challenge continues its broader fight against state efforts to regulate how tech platforms handle user-generated content.

Faridah Abdulkadiri

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