California: X Suit Fails to Block Content Moderation Law

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Facts

  • US District Judge William Shubb on Thursday issued an eight-page decision dismissing an attempt by the Elon Musk-owned X, formerly known as Twitter, to block a California state law requiring social media companies to disclose how they moderate content on their platforms.1
  • Law AB 587 was signed in 2022 by Democratic Gov. Gavin Newsom, who described the law as an opportunity to protect the public by making companies reveal their policies on content moderation and release data related to the enforcement of such policies.2
  • X, in September, sued the state, claiming the law forced companies to “engage in speech against their will,” and removed “constitutionally-protected speech” in violation of the First Amendment.3
  • Shubb called the law’s disclosure requirements “uncontroversial” and not 'unduly burdensome within the context of First Amendment law.”3
  • This decision comes as X continues to deal with losses in advertising revenue caused in part by Musk’s decision to scale back content moderation on the platform after he purchased it. Advertisers known to have currently ended their relationship with the platform include Apple, Disney, IBM, and Lions Gate Entertainment.4

Sources: 1Reuters.com, 2Bloomberg, 3Al Jazeera and 4Silicon UK.

Narratives

  • Left narrative, as provided by Sfist. Nothing in this law would force Musk, the self-proclaimed free-speech absolutist, to do anything unconstitutional. The law merely requires X to report to the state data on what type of content it has banned, removed, or otherwise moderated. Musk’s decision to cut back on his content-moderation staff isn’t the state’s problem, and he’ll have to find a way to comply with the law.
  • Right narrative, as provided by Daily Wire. This law is yet another move by those in government — in this case, leftists from a blue state — to stifle freedom of expression, particularly speech they don’t agree with or like. The law is so vague that social media platforms like X will have to block almost everything, and parody sites won’t be able to operate. The state should stay out of the content moderation game and allow the global town square to continue to function unhindered.