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X announced that he had reported the State of Californiaas the AB Act 587 passed in September 2022 represents a violation of the First Amendment of the United States Constitution. Under the law, social media companies are obliged to provide a detailed description of their content moderation practices.
The California law is unconstitutional
The law requires social media to provide details of measures implemented to limit hate speech, racism, extremism, harassment, disinformation and political interference. This data must be collected starting in the third quarter of 2023. The report must be submitted to the California Attorney General every six months starting January 1, 2024.
If the report is incomplete or not submitted by the deadline, companies face a fine of up to $15,000 for each day of violation. According to X, California wants to dictate terms of service and interfere with editorial judgment. The state’s true intention is to force social media to remove certain content deemed problematic.
Today, @X filed a First Amendment lawsuit against California AB 587. As made clear by both the legislative history and public court submissions from the Attorney General in defending the law, the true intent of AB 587 is to pressure social media platforms to “eliminate” certain…
— Global Government Affairs (@GlobalAffairs) September 8, 2023
X then sued the State of California, as the law violates the freedom of word enshrined in the First Amendment. Elon Musk’s company has asked the court to block enforcement of the law through a preliminary and permanent injunction.
Jesse Gabriel, author of the law (approved by Democrats and Republicans), emphasizes that it is exclusively a measure of transparency. X primarily uses automated tools for moderation, along with Community Notes, recently extended to video content.
The Californian company reported the Center for Countering Digital Hate, as it published a false study on the presence of prohibited content on the platform. A similar complaint could be filed against the Anti-Defamation League.
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