Big Ruling For Free Speech – Federal Judge Strikes Down New York’s Social Media ‘Hate Speech’ Law

Since its inception, The European Union has been advancing and eventually passing various draconian legislation that strips away individual citizens’ rights for the alleged purpose of protecting the collective.

As a result, in general, free speech no longer exists in the EU.

The EU is currently advancing legislation called the Digital Services Act, which is intended to address social media’s societal harms by requiring companies to more aggressively police their platforms for illicit content or risk billions of dollars in fines.

In the bill, tech companies would be compelled to set up new policies and procedures to remove flagged hate speech, terrorist propaganda, and other material defined as illegal by countries within the European Union.

A manifestation of how far Europe has moved to the left, a woman was arrested by British police and faces charges of “protesting and engaging in an act that is intimidating to service users” for standing still and praying silently outside an abortion facility.

By contrast, in spite of endless attacks on the 1st Amendment, Americans’ right to speak freely including online is still being upheld by various courts across the United States.

A federal judge issued an injunction blocking enforcement of New York’s “Hateful Conduct Law” seeking to regulate “hate speech” on social media platforms, ruling that the law is a violation of the First Amendment, which prevents the U.S. government from regulating the speech of its citizens.

In his ruling issued on Tuesday, US District Judge of the United States District Court for the Southern District of New York, Andrew L. Carter Jr., sided with legal blogger Eugene Volokh and the free speech-friendly video platform Rumble in their challenge to Gov. Kathy Hochul’s “Hateful Conduct Law.”

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“The Hateful Conduct Law both compels social media networks to speak about the contours of hate speech and chills the constitutionally protected speech of social media users, without articulating a compelling governmental interest or ensuring that the law is narrowly tailored to that goal,” said Judge Carter Jr. in his ruling.

The law, according to Judge Carter, conflicts with the United States’ “national commitment to the free expression of speech, even where that speech is offensive or repugnant.”

“The law is clearly aimed at regulating speech. Social media websites are publishers and curators of speech, and their users are engaged in speech by writing, posting, and creating content. Although the law ostensibly is aimed at social media networks, it fundamentally implicates the speech of the networks’ users by mandating a policy and mechanism by which users can complain about other users’ protected speech.”

New York’s “Hateful Conduct Law” shares similarities with California’s law requiring social media platforms to report their policies on hate speech, extremism, and disinformation to the state attorney general twice a year.

The bill was signed into law by California governor Gavin Newsom last year.


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