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DOJ Declines to Assist France's Investigation Into Musk's X Platform

The Justice Department's Office of International Affairs accused French authorities of using criminal law to regulate speech in a manner that conflicts with the First Amendment.

Elon Musk — Elon Musk Colorado 2022 (cropped2)
Photo: U.S. Air Force / Trevor Cokley (Public domain) via Wikimedia Commons
⚡ The Bottom Line

The DOJ's decision not to assist France's investigation marks a significant escalation in the transatlantic dispute over content moderation on X. The case highlights ongoing tensions between European regulatory efforts to address harmful online content and U.S. constitutional protections for free speech. X faces parallel investigations on both sides of the Atlantic, with its legal challenges in...

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The Justice Department has informed French authorities that it will not contribute to an investigation into billionaire Elon Musk's social media platform X, according to a report from The Wall Street Journal.

The DOJ's Office of International Affairs sent a two-page letter, dated Friday, accusing French authorities of attempting to use the criminal legal system in France to regulate a 'public square for the free expression of ideas and opinions in a manner contrary to the First Amendment of the United States Constitution.'

What the Left Is Saying

Progressive critics and digital rights advocates have raised concerns about X's content moderation practices under Musk's ownership, arguing that the platform has failed to adequately address antisemitic content, Holocaust denial, and other harmful material. The French investigation, launched last January, initially focused on allegations of bias in X's content algorithm before expanding to include antisemitic posts and the spread of child sexual abuse material.

Democrats and civil liberties organizations have also pointed to the platform's handling of nonconsensual deepfake content as an area requiring scrutiny. The expansion of the French probe reflects growing international pressure on X to address harmful content, with France requesting U.S. assistance three times this year.

What the Right Is Saying

Conservatives and free speech advocates have defended X's approach to content moderation, arguing that French authorities are attempting to impose European regulatory standards on a U.S. company in a way that infringes on First Amendment principles. The DOJ letter characterized France's requests as 'an effort to entangle the United States in a politically charged criminal proceeding aimed at wrongfully regulating through prosecution the business activities of a social media platform.'

X has framed the French investigation as politically motivated, calling the raid on its Paris offices an 'abusive act of law enforcement theater' in a February statement. The company argued that the Paris Public Prosecutor's Office was 'plainly attempting to exert pressure on X's senior management in the United States by targeting our French entity and employees, who are not the focus of this investigation.'

What the Numbers Show

The French probe was launched in January 2025 and expanded in recent months following reports of antisemitic posts on the platform, including Holocaust denial content. The investigation now also examines the spread of child sexual abuse material and nonconsensual deepfake content for potential charges.

France requested U.S. assistance three times in 2026, all of which were denied according to the DOJ letter. X is also challenging a $140 million fine imposed by the European Union for violating the Digital Services Act, with the appeal currently pending.

The EU has separately launched an investigation into whether X properly assessed and mitigated risks when deploying its AI chatbot Grok.

The Bottom Line

The DOJ's decision not to assist France's investigation marks a significant escalation in the transatlantic dispute over content moderation on X. The case highlights ongoing tensions between European regulatory efforts to address harmful online content and U.S. constitutional protections for free speech. X faces parallel investigations on both sides of the Atlantic, with its legal challenges in the EU and France potentially shaping the future of how social media platforms are regulated globally. The company has not yet responded to requests for comment on the DOJ letter, and the Justice Department declined to comment.

Sources