In May, the New York legislature enacted A7685-A requiring social media networks to provide a means for its users to report postings which vilify, humiliate or incite violence group on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression. They must also have a policy on responding to and addressing such postings. Yesterday-- two days before the law is to go into effect-- suit was filed in a New York federal district court by law professor and blogger Eugene Volokh and the social media platform Rumble challenging the law on free speech as well as overbreadth and vagueness grounds. The complaint (full text) in Volokh v. James, (SD NY, filed 12/1/2022), alleges in part:
New York cannot justify such a sweeping regulation of protected speech. The Online Hate Speech Law violates the First Amendment because it burdens the publication of speech based on its viewpoint, unconstitutionally compels speech, and is overbroad. It is also vague in violation of the Fourteenth Amendment....and preempted by Section 230 of the Communications Decency Act. Given well-settled Supreme Court precedent, the New York’s law must be enjoined and struck down.
Foundation for Individual Rights and Expression issued a press release announcing the filing of the lawsuit.
