Rumble and Law Professor Sue New York Attorney General to Block Online Hate Speech Law, Calling It a First Amendment ‘Double Whammy’ | Law & Crime

Two days before New York’s online hate speech law is supposed to take effect, the video-sharing website Rumble and a law professor filed a lawsuit against New York Attorney General Letitia James (D) asking a judge to call it vague and unconstitutional.

Foundation for Individual Rights and Expression, a non-profit group better known by its acronym FIRE, filed the 46-page complaint on behalf of three plaintiffs: Rumble, the crowd funding site Locals, and Eugene Volokh, the First Amendment scholar behind the legal blog The Volokh Conspiracy.

“New York politicians are slapping a speech-police badge on my chest because I run a blog,” Volokh wrote in a statement. “I started the blog to share interesting and important legal stories, not to police readers’ speech at the government’s behest.”

Passed in the wake of a white supremacist’s mass shooting of Black shoppers at a grocery story in Buffalo, New York, the law forces social media networks to publish a policy explaining how they will clamp down on speech perceived to “vilify, humiliate, or incite violence against a group or class of persons” based on race, color, religion, or other protected categories. FIRE notes that those platforms will be required to create a mechanism to report such speech — and must respond to those complaints.

In their complaint, Volokh’s lawyers say that the law “hangs like the Sword of Damocles over a broad swath of online services.”

“In something of a First Amendment ‘double whammy,’ the Online Hate Speech Law burdens the publication of disfavored but protected speech through unconstitutionally compelled speech — forcing online services to single out ‘hate speech’ with a dedicated policy, a mandatory report & response mechanism, and obligatory direct replies to each report,” the professor’s lawyer Darapana M. Sheth writes in the complaint. “If a service refuses, the law threatens New York Attorney General investigations, subpoenas, and daily fines of $1,000 per violation.”

Earlier this week, Buffalo mass shooter Payton Gendron pleaded guilty to all 25 state charges leveled against him for his terrorist attack, which he live-streamed via a GoPro that he wore to the mass slaughter. He disseminated a racist rant before his shooting spree that articulated his motives, like other white supremacists before him in Christchurch, New Zealand, and elsewhere.

The Empire State law had been intended, in part, to keep racially motivated terrorists from having spaces online to spread their ideologies and stop copycat attacks.

But Volokh says that the New York law goes too far, using such broad language that any attorney general can put bloggers at risk of financial ruin, if commenters share opinions that are disfavored by the state.

Under his interpretation of the statute, the professor says that regulators can go after an atheist perceived to have “vilified” organized religion — or comedian John Oliver for his recent segment on HBO’s Last Week Tonight sending up the British monarchy, which could be construed as a “humiliation” of the U.K.

“There can be no reasonable doubt New York will enforce the Online Hate Speech Law to strong-arm online services into censoring protected speech,” the complaint states. “The Attorney General’s intentions, in fact, could not be clearer; as recited, for example, in an October press release, the Attorney General declared that ‘[o]nline platforms should be held accountable for allowing hateful and dangerous content to spread on their platforms’ because an alleged ‘lack of oversight, transparency, and accountability of these platforms allows hateful and extremist views to proliferate online.’”

Rumble, Locals and Volokh want a federal judge to declare the law unconstitutional on its face as “vague” and “overbroad.” They also seek to a declaration that it runs afoul of Section 230 of the Communications Decency Act, a statute that has come under fire by politicians across the political spectrum. . . .

Rumble and Law Professor Sue New York Attorney General to Block Online Hate Speech Law, Calling It a First Amendment ‘Double Whammy’ | Law & Crime

Skip The Scoop | Seek Understanding

Tom Reed Won’t Seek Re-election, Rules Out Cuomo Challenge

Show Me

‘Dominoes are falling:’ Religious liberty advocates hail end to Minnesota church restrictions

Show Me

Trump Says Biden Border Agenda Has Turned ‘A National Triumph Into a National Disaster’

Show Me

University Abruptly Suspends Diversity Classes: ‘Students Have Been Humiliated and Degraded’

Show Me

Border agents releasing asylum-seeking migrants into US without court date

Show Me

Biden Says He Will Visit Southern Border ‘At Some Point’

Show Me

As Putin lobs counter-digs, can relationship with Biden be saved?

Show Me

Biden Stumbles Then Falls Going Up The Stairs While Boarding Air Force One

Show Me

President Biden Trips Over His Own Feet, Gets Back Up, Falls Again

Show Me

Fair game? Kamala Harris trends after Biden stumbles then falls headed to Air Force One

Show Me

Biden Falls Three Times Getting on Air Force One

Show Me

Reuters first to report Chinese EV trio eye HK listings this year to raise combined $5 billion

Show Me

Hacker Group Says It Accessed Tesla’s, Others’ Internal Video Feeds

Show Me

Volkswagen CEO Says He Wants to ‘Overtake’ Tesla

Show Me

Feds probing nearly two dozen crashes involving Tesla cars

Show Me

China to Restrict Tesla Use by Military and State Personnel

Show Me

Chinese military bans Tesla cars, cites security concerns over onboard cameras

Show Me

Secret Trials in China for Spavor and Kovrig Are ‘Disappointing,’ Trudeau Says

Show Me

Upcoming Protests to Focus on Health, Environmental Impacts of 5G Satellites

Show Me

Alabama House Passes Bill Barring Transgender Athletes From Female Sports Teams

Show Me

Fauci Has ‘Outlived His Usefulness’: Ben Domenech Says Demand For Masks After Vaccines Is ‘Dangerous’

Show Me

Johnson & Johnson working on modified vaccines for COVID-19 variants

Show Me

Democrats Block GOP Bill to Test Illegal Immigrants for COVID-19

Show Me

Judge Dismisses Journalist Lawsuit Against Rod Rosenstein for Allegedly Spying on Her Family

Show Me

Boeing Moon Rocket Passes NASA Test

Show Me

Dr. Shiva: Why I Fight So Hard for ‘One Person, One Vote’

Show Me

Teen boy charged with carjacking ride-share driver; leading police on chase from Illinois to Indiana

Show Me

Israel reports deaths and cases continuing to fall even as the country unlocks

Show Me

Michael Spavor, Canadian Accused of Spying, Stands Trial in China

Show Me

Facebook to develop a version of Instagram for children under 13

Show Me

North Korea Cuts Diplomatic Ties with Malaysia Over U.S. Extradition

Show Me

China: Parents of missing Uyghur children describe horror of family separation

Show Me

Russia the Likely Suspect Behind ‘Nest of Spies’ in Australia: Expert

Show Me

13 Law Enforcement Officers Killed in Mexico Ambush

Show Me

One Man’s Escape From Communist Vietnam

Show Me

UAW Warns Workers Ford Plans to Move Project Worth $900 Million From Ohio to Mexico

Show Me

FEMA to Reimburse $2 Billion in Funeral Costs for Some CCP Virus Victims

Show Me

The Atlanta shootings suspect sought treatment for sex addiction, a former roommate at a halfway house says.

Show Me

Pelosi-Milley Phone Call About ‘Unhinged’ Trump is Target of Judicial Watch Lawsuit

Show Me

“Immoral & Illegal”: U.S. & U.K. Move to Expand Nuclear Arsenals, Defying Global Disarmament Treaties

Show Me