A Lawsuit Filed by Elon Musk’s Social Media Platform Challenges California’s Content Moderation Law
Elon Musk’s social media platform, formerly known as Twitter, has filed a lawsuit against the state of California over a law that requires social media companies to publish their policies for removing offensive material like hate speech, misinformation, and harassment.
The first-of-its-kind legislation was signed into law a year ago by California Gov. Gavin Newsom. X Corp. is challenging the law’s constitutionality and legal validity in a lawsuit filed against state Attorney General Robert Bonta, asserting that it violates the First Amendment.
Under the California law, social media platforms must disclose their content moderation policies, which they already do, and provide a biannual report to the state on how they address issues such as hate speech, racism, misinformation, and foreign political interference.
According to the lawsuit, the law “forces companies to engage in speech against their will, interferes with their constitutionally protected editorial judgments, and pressures them to remove or demonetize constitutionally protected speech.” The lawsuit was filed in federal court in California.
Since Musk took over Twitter in October 2022, he has made significant changes to the platform’s content moderation system. He has eliminated positions responsible for filtering out problematic content and restored accounts that were banned for hate speech, promoting Nazi and white nationalist material, and harassing users.
Musk also dissolved the Trust and Safety Council, a key advisory group composed of independent civil, human rights, and other organizations that was formed in 2016 to address various issues on the platform, including hate speech and harassment. While he refers to himself as a “free speech absolutist,” Musk has shown sensitivity to critical speech directed at him or his companies. He previously suspended the accounts of several journalists who covered his takeover of Twitter.
The author of the law, Democratic Assemblyman Jesse Gabriel, describes it as a “pure transparency measure” that only requires companies to be transparent about their content moderation practices. The law received strong bipartisan support.
The attorney general’s office will review the complaint and respond in court.
Representatives for X have not yet responded to requests for comment on the lawsuit.
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