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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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,........

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