On February 16, the United States Court of Appeals for the Second Circuit will hear oral argument on behalf of First Amendment professor and legal blogger Eugene Volokh and social media platforms Rumble and Locals. Volokh, Rumble, and Locals are represented by attorneys from the Foundation for Individual Rights and Expression, a national free speech group.

In December 2022, Volokh, Rumble, and Locals sued the state of New York after it enacted a law that forces websites to “respond [to],” “address” and “handle” protected speech that someone, somewhere finds “humiliating” or “vilifying” toward a group based on race, color, religion, or other protected categories. A federal judge ruled that New York’s law was likely unlawful, and after FIRE won an injunction against the law, New York appealed to the Second Circuit.

“The District Court correctly held that the New York law unconstitutionally targeted certain viewpoints, since there’s no ‘hate speech’ exception to the First Amendment,” said Volokh. “I expect the Second Circuit will agree.”

“New York’s law commands social media platforms to crack down on a variety of forms of protected speech, and fighting to defend that speech is the very reason Rumble exists,” said Rumble Chairman and CEO Chris Pavlovski. “We cannot let activist governments continue to chip away at the freedom of expression, which is one of the most basic of all human rights. We are grateful to our partners in this fight, Locals, Eugene Volokh, and FIRE, for helping to carry the torch of freedom with us.”

FIRE attorneys are available to discuss the upcoming arguments this week.

“Oral argument before the Second Circuit panel is an opportunity to show the court that New York’s unconstitutional overreach shouldn’t stand,” said FIRE Senior Attorney Jay Diaz. “We look forward to vindicating our clients’ right to manage their own online platforms as they see fit.”

Oral argument information:

Date: February 16, 2024
Time: 10 AM ET
Location: Thurgood Marshall United States Courthouse
  40 Foley Square
  New York, NY 10007

Audio livestream of the arguments will be available here.  

ABOUT FIRE

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

ABOUT RUMBLE

Rumble is a high-growth video platform and cloud services provider that is creating an independent infrastructure. Rumble’s mission is to restore the internet to its roots by making it free and open once again. For more information, visit: corp.rumble.com.

Contact: press@rumble.com

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