NY High Court, Volokh Tussle With Hate Speech Law’s Requirements

May 21, 2026, 9:59 PM UTC

New York’s top judges seemed to wind themselves “into pretzels” as one of them put it Thursday trying to understand whether a state law requiring social media companies to deter hate speech on their platforms violates the First Amendment.

The US Court of Appeals for the Second Circuit tasked the state Court of Appeals with answering whether the law requires social media sites to establish policies and tools that adhere to the state’s definition of “hateful conduct.” Legal blogger Eugene Volokh and Peter Thiel-backed video site Rumble Inc. claim it does as part of their federal lawsuit arguing the law ...

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