Democratic Attorney General Letitia James of New York has been accused of contravening a court directive by urging prominent technology firms to regulate content. This assertion comes from the Foundation for Individual Rights and Expression (FIRE). In correspondence to companies such as Rumble, Meta, TikTok, Google, Reddit, and X (formerly Twitter), she inquired about their strategies to prevent the spread of violent content during the Israel-Hamas War. FIRE contends that James’ actions are at odds with a federal district court decision made in February concerning a New York law, and they demand the retraction of her letters, as stated in the email sent to the attorney general.
On February 14, 2023, a federal district court judge halted New York’s Assembly Bill A7865A, also known as the Online Hate Speech Law, according to court records. The judge’s ruling found that this law compelled social media platforms to discuss the boundaries of hate speech and had a chilling effect on the constitutionally protected speech of social media users, without demonstrating a compelling government interest or ensuring that the law was precisely tailored to its purpose.
FIRE points out that the letters sent on October 12th “request” information about the Investigated Platforms’ editorial guidelines, processes, and determinations regarding content that might provoke violence. On their surface, these letters appear to enable the Office to collect evidence and make factual determinations in line with the Online Hate Speech Law.
While James’ letters primarily aim to combat the dissemination of terrorist and violent content on these platforms, FIRE asserts that due to their vague references to hateful or violent speech and their alignment with the Online Hate Speech Law’s investigation provision, they contravene the district court’s injunction.
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James asked the platforms to provide details about their content suppression efforts by October 20. If she does not withdraw the letters by that date, FIRE intends to take legal action to enforce the February injunction.
FIRE Attorney Jay Diaz stated, “Our demand is that the New York AG immediately rescind the social media investigation letters because they violate the court’s injunction, order halting discovery, and the First Amendment. In the long term, we hope the AG and other policymakers around the country will learn that they cannot use websites to censor by proxy.”
Diaz added, “Whether with social media or otherwise, too often, government officials try to achieve their policy goals using the blunt and ineffective tool of censorship. When they do, FIRE will continue to hold them accountable to the First Amendment.”
James’ press office did not provide an immediate response to the request for comment from the Daily Caller News Foundation.
