Three plaintiffs filed suit against New York Attorney General Letitia James contesting a hate speech law that outlaws speech perceived to “’vilify, humiliate, or incite violence against a group or class of persons’ based on race, color, religion, or other protected categories.” The law was enacted to prevent racists from posting their rants leading to violent acts. The plaintiffs claim the law singles out “disfavored but protected speech” and holds social media accountable for hateful speech posted on their platforms. (Law & Crime, December 1, 2022, by Adam Klasfeld)
The new law requires social media platforms to adopt a “a hateful conduct policy” to regulate speech much of which is protected by the First Amendment. Those fashioning the law tried to dodge constitutional issues by using the term “hateful conduct” so that conduct rather than speech is subject to regulation. (techdirt, June 15, 2022, by Mike Masnick)