WHITE PLAINS, N.Y. (Legal Newsline) — A legal blog and other online platforms are challenging New York's enacted Online Hate Speech Law, alleging it violates First Amendment rights.
Eugene Volokh, Rumble Canada Inc., and Locals Technology. Inc., filed a complaint Dec. 1 in the U.S. District Court for the Southern District of New York against Letitia James, in her official capacity as Attorney General of New York, alleging violation of free speech and other claims.
According to the complaint, Volokh operates The Volokh Conspiracy legal blog and Rumble Canada and Locals Technology operate online services which allow a "wide range of speech." They say their sites are subject to New York's recently enacted Online Hate Speech Law.
The plaintiffs allege that the law illegally regulates online speech that "someone, somewhere perceives to 'vilify, humiliate or incite violence'" based on race, color and religion. They claim the law is a "First amendment double whammy" that "burdens the publication of disfavored but protected speech" and forces online services to single out content or face daily fines of up to $1,000.
The plaintiffs allege the Online Speech Law violates the First Amendment and Fourteenth Amendment because it is overbroad and that the speech only has to be "perceived by an unspecified someone" to vilify, humiliate or incite violence. They further allege the law does not properly define "user internet platform" and that "social media network" is too broadly defined as any online service with a comment section visited by "at least one person in New York."
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Darpana Sheth, Daniel Ortner and James Diaz of the Foundation for Individual Rights and Expression in Philadelphia and Barry Covert of Lipsitz Green Scime Cambria LLP in Buffalo, New York.
U.S. District Court for the Southern District of New York case number 1:22-CV-10195