New York Court of Appeals Roundup: In ‘Volokh V. James’, a Narrow Reading Likely Saves New York’s Hateful Conduct Law
In their column in the New York Law Journal, Litigation Partners Linton Mann III and Joshua Polster analyzed the recent Court of Appeals ruling in Volokh v. James. In the decision, the Court of Appeals answered certified questions from the Second Circuit regarding the interpretation of New York’s Hateful Conduct Law (HCL), which requires social media platforms to allow users to report “incidents of hateful conduct” posted on the platform. The Court of Appeals’ reading construes the law in a way that will likely uphold its constitutionality against a First Amendment challenge. This decision will help provide guidance both to the legislature as it continues to regulate social media networks and to the courts that consider the constitutionality of that legislation.
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