The Legal Challenge
X Corp. v. State of California, No. 2:24-cv-03162-WBS-CSK (E.D. Cal. filed Nov. 14, 2024) argues that AB 2655 violates:
- The First Amendment of the U.S. Constitution
- Article I, Section 2 of the California Constitution
- Section 230 of the Communications Decency Act
The lawsuit contends that the law imposes a “prior restraint on speech” by forcing platforms to censor certain election-related content disapproved by the state.
Key Points of Contention
X Corp. asserts that AB 2655 will:
- Result in censorship of valuable political speech and commentary
- Limit “uninhibited, robust, and wide-open” debate on public issues
- Interfere with platforms’ constitutionally protected content-moderation rights
The law requires large online platforms to remove or label content deemed “materially deceptive” about candidates, elections officials, and elected officials
Implications for Free Speech
While AB 2655 claims to exempt parody and satire, X Corp. argues that its practical implementation remains unclear and potentially restrictive. This concern stems from the law’s origin, which was partly motivated by a parody video involving Vice President Kamala Harris
