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New York Governor Hochul Signs Controversial Online Safety Bill, Renewing Free Speech Concerns

State-mandated reporting on "hate speech" raises fears of unchecked power over online discourse.

Hochul taking a selfie while sitting in a subway car, with one person in a red coat holding the phone.

A controversial legislative package signed by New York Governor Kathy Hochul is likely to once again ignite concerns over free speech; as critics argue – just like the last time she tried to enact such legislation – it promotes censorship under the guise of online safety. Among the measures is S895B/A6789B, a bill mandating social media companies disclose their terms of service regarding so-called "hate speech" and submit detailed reports to the state attorney general.

We obtained a copy of the bill for you here.

In a press release, Hochul’s office borrowed a turn from the pro-censorship UK government and touted the legislation as a step toward "Online Safety," but many see it as a tool for stifling expression. The term "hate speech," often deployed in ambiguous and subjective ways, has frequently been used to suppress dissenting opinions. This bill empowers both government entities and social media giants to arbitrarily regulate speech.

Assemblymember Grace Lee (D-District 65), a vocal proponent of the legislation, justified the measures by citing the spread of information during the COVID-19 pandemic. She argued that "hate and disinformation” were spreading like “wildfire," necessitating stricter controls.

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