Plattsburgh, NY asked in Civil Rights, Constitutional Law and Federal Crimes for New York

Q: is there a way to sue Lelita James for breaking the first amendment?

New York Attorney General Letitia James rescinded her letter to Rumble demanding social media platforms censor content related to the Israel-Hamas war that “may incite violence.”

The AG’s letter violated the First Amendment and a federal court order blocking enforcement of New York’s Online Hate Speech law.

NEW YORK, N.Y., Oct. 20, 2023 — Less than 24 hours after the Foundation for Individual Rights and Expression called on New York Attorney General Letitia James to retract a letter pressuring private social media platforms to censor protected speech, she rescinded the demand as it pertained to FIRE plaintiff Rumble.

On Oct. 12, the attorney general sent a letter demanding that social media platforms, including Rumble, Meta, and Reddit, provide information about what they are doing to “stop the spread of hateful content” related to the Israel-Hamas war and report back to her about their editorial policies and practices.

this is obviously illegal

1 Lawyer Answer
James L. Arrasmith
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A: The First Amendment protects the right to free speech against government interference. If a government official, such as an Attorney General, takes actions that infringe upon those rights, the affected parties may have grounds to bring a lawsuit claiming a violation of their First Amendment rights. It's important to determine if the actions actually resulted in a First Amendment violation and if there were any damages or chilling effects on speech. Since Attorney General Letitia James rescinded her letter, any potential legal action might also have to consider whether the retraction mitigates any alleged infringement. If you believe there are grounds for a lawsuit, you should consult with a First Amendment attorney to evaluate the specific facts and determine the best course of action. Remember, the specifics of each case can greatly impact its viability in court.

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