Elon Musk Just Got Into a Social Media Fight With New York, and Nobody Knows How It Might End

Certainly, Elon Musk is no stranger to social media controversy. Ever since he acquired Twitter (now called X), he has been a polarizing figure. You either love him or hate him, there is no in-between.

So it might come as no surprise that another major controversy has started to engulf Musk’s social media empire. Musk is now involved in a legal dogfight with the state of New York, which wants regular reports on how X is combating “problematic” social media posts. Basically, the state wants to know how X is dealing with potential hate speech on its platform.

It’s not like New York is singling out Elon Musk, though. The state recently passed a new law, which will go into effect later this year, and it applies to all social media platforms. It’s based on a similar law in California, where Elon Musk is also facing a legal battle over its ramifications.

What’s the big fuss over?

While this might be oversimplifying things, it all comes down to “free speech.” Should everything that’s posted on the X social media platform be treated as “free speech’? Or should legal jurisdictions (such as the state of New York) have a right to weigh in on the matter? Surely, there are some posts on the X platform that don’t conform to the norms of “free speech.”

As you might have guessed by now, Elon Musk thinks both New York and California are impinging on the free speech rights of X users. And he thinks both states are overstepping their legal bounds. As it stands now, social media platforms have the right to moderate content on their platforms as they see fit. The laws in New York and California, though, say that states have a right to inject themselves into the content moderation process. And, as a result, they have the right to demand regular updates.

Political overtones

Of course, politics is involved here. How you feel about this issue probably boils down to your political views. If you support limited government involvement in the economy and in society, you’re probably siding with Elon Musk. 

However, if you think that the government has a big role to play - especially when vulnerable members of society may be the victims of social media hate speech - then you’re probably appalled that Elon Musk is trying to fight this. 

Ultimately, the key point is whether any state has the right to restrict, limit, disfavor, or censor content that it finds objectionable. And, if it does find content objectionable, does the government deserve to get regular updates on what’s being done about it?

Is common ground possible?

Other social media platforms are going to run into the same problems, and many of the same concerns, as X. What makes the case of X so different is Elon Musk. Aside from perhaps Mark Zuckerberg, there’s arguably no other social media figure who gets as much attention, often for the wrong reasons.

Given Musk’s support of President Donald Trump during the 2024 presidential election, he’s under more scrutiny than ever before. People blame him for re-platforming conspiracy theorists and members of the far right, many of them Trump supporters. People fault him for speaking up in support of Trump, and for hosting events for him. 

So maybe common ground on this issue will never be possible. That’s a real shame, because people are so divided in their opinions of Elon Musk that they really aren’t willing to tackle the basic constitutional issues involved here. This is not about Elon Musk, it’s about free speech in America.