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

Bannon’s War Room | Morning Edition Hour 1 | Recorded March 16, 2021 | The Rot in the White House … Biden’s Moral Bankruptcy | Video: 48 Minutes 54 Seconds

Show Me

Biden In. ISIS Back. Isis-linked Militants Beheading Children in Mozambique, Says Aid Group

Show Me

Ballot Shredding (Destruction Of Evidence) Has Already Started In Georgia

Show Me

Georgia Judge Gives VOTER GA the Right to Inspect Fulton County Election Ballots

Show Me

AstraZeneca Vaccine Now Safe for Seniors, NACI Says

Show Me

Dem activists target Ga-based corporations in bid to oppose GOP voting reforms; Coke, Home Depot first to cave

Show Me

Trump Eyeing ‘Upgrade’ Over Georgia’s Gov. Kemp, Adviser Says

Show Me

Bannon’s War Room | Morning Edition Hour 2 | Recorded March 16, 2021 | Delete Your Account … Woke Corporations Fight Election Integrity and at Facebook | Video: 48 Minutes 55 Seconds

Show Me

Bannon’s War Room | Evening Edition | Recorded March 16, 2021 | I’ll Bet You A Lot of Yuan … How Facebook and the Capitol Riot Stole the Election | Video: 49 Minutes

Show Me

Washington Post Blames Source for Falsified Trump Comments on Georgia Election

Show Me

Washington Post Admits to False Trump Quote

Show Me

U.S. Lawyer Steven Donziger Speaks from House Arrest in NYC After Suing Chevron for Amazon Oil Spills

Show Me

Georgia Judge Might Unseal Fulton County Absentee Ballots for Fraud Investigation

Show Me

Italy Prosecutors Seize Batch of AstraZeneca Vaccine After Death of Man

Show Me

News Corp. agrees to three-year deal with Facebook in Australia

Show Me

After 18 Years, Billion-Dollar Bioterror Defense System Still Can’t Detect Multiple Threats

Show Me

Myanmar: Vast arsenal and notorious troops deployed during nationwide ‘killing spree’ protest crackdown – new research

Show Me

Judicial Watch: Federal Court Slams Potentially Illicit Sales of Body Parts of Aborted Fetuses – Orders Release of Additional Information on Organ Purchases

Show Me

China in Focus (March 15): Biden White House Officials Recognize Lab Leak Theory

Show Me

NY Legislature Proposes Nearly $7 Billion in New Taxes on Businesses, Wealthy

Show Me

150 Spring Breakers Arrested in Miami Beach

Show Me

Investigation Against Gov. Cuomo Intensifies As Accuser Submits To Lengthy 4-Hour Interview

Show Me

March 15, 2021 | Nightly News Rebroadcast | Video: 55 Minutes 03 Seconds

Show Me

Bannon’s War Room | Morning Edition Hour 1 | Recorded March 15, 2021 | God’s Timing … Mike Lindell on His Political Future, Fake News, and Fraud | Video: 48 Minutes 50 Seconds

Show Me

Duke University Imposes Stay-In-Place Order for Undergraduates, Cites Party-Linked COVID-19 Surge

Show Me

BLM activist Tamika Mallory calls out Joe Biden and ‘demands justice’ during Grammys

Show Me

Las Vegas swarmed with crowds as casinos reopen at 50 percent capacity

Show Me

Fauci Fears Another COVID-19 Surge, Says Trump Should Tell Supporters to Get Vaccinated

Show Me

National Guard identifies solider who died off duty while deployed at U.S. Capitol

Show Me

Fauci documentary marks AP foray into film

Show Me

Doctors Are Investigated After Posting Organ Photos Online as ‘Price Is Right’ Game

Show Me

Woman fatally shot by cop in traffic stop-turned-shootout in Tennessee

Show Me

NEW George Floyd Riots: What the Media ISN’T Telling You! (SHOW NOTES)

Show Me

Elon Musk Gets New Title of ‘Technoking of Tesla’

Show Me

Watchdog group says three House Democrats broke ethics rules by linking member, campaign sites

Show Me

MyPillow CEO Says New App Will Be ‘Safe Place’ for Those Canceled by YouTube, Twitter

Show Me

Danish Woman Who Died From Blood Clot After AstraZeneca Shot Had ‘Unusual Symptoms’, Agency Says

Show Me

Opportunity Beckons in the Mideast

Show Me

Bannon’s War Room | Morning Edition Hour 2 | Recorded March 15, 2021 | The Ides of March … Populism Then and Now | Video: 48 Minutes 48 Seconds

Show Me

Judicial Watch to Facebook: End Censorship of Trump

Show Me