X Corp filed a federal lawsuit Tuesday challenging the constitutionality of New York’s Stop Hiding Hate Act, arguing it violates free speech protections under the First Amendment and the state constitution.
The law requires social media companies to disclose their policies for monitoring “hate speech, extremism, disinformation, harassment, and foreign interference,” and imposes steep fines—up to $15,000 per violation per day—for noncompliance. The filing argues this is in violation of the First Amendment and state constitution.
In the complaint, X said the law would compel disclosure of “highly sensitive and controversial speech” based on what state officials find objectionable. It argued that decisions over acceptable content are inherently subjective and not the government’s role. The filing cited remarks from the law’s sponsors accusing Musk and X of having a “disturbing record” on moderation that “threatens the foundations of our democracy.”
New York Attorney General Letitia James is named as the defendant in the suit, filed in Manhattan federal court. The law was authored by Democratic lawmakers Sen. Brad Hoylman-Sigal and Assemblymember Grace Lee, in coordination with the Anti-Defamation League, and signed by Governor Kathy Hochul in December.
X noted that a similar California law was partially blocked last year by a federal appeals court over free speech concerns, leading to a February settlement in which California agreed not to enforce its version of the law.
