The U.S. Department of Justice has formally rejected a French request to assist in the investigation of social media platform X (formerly Twitter) — the third such refusal this year. France’s probe, launched in January 2025, initially focused on alleged political bias in X’s algorithm but has since widened to include accusations related to child sexual abuse imagery and Holocaust denial.
First Amendment Cited as Barrier
According to sources, the DOJ communicated to French prosecutors that it cannot facilitate the interrogation of Elon Musk and several X employees, arguing that the content under investigation is protected by the U.S. Constitution’s First Amendment. This marks the third time the U.S. has turned down France’s mutual legal assistance requests in this case, each time citing free speech concerns.
France’s Expanding Investigation
The investigation, originally handled by the Paris prosecutor’s office, has evolved from examining algorithmic bias to probing serious criminal allegations, including the circulation of child sexual abuse material and Holocaust denial — both considered severe offenses under French law. Despite the lack of U.S. cooperation, French prosecutors remain committed to pursuing the case independently using domestic legal tools. They have stated that the probe will continue without American assistance.
Clash Between Sovereignty and Free Speech
The standoff underscores a fundamental conflict between national sovereignty in regulating digital platforms and First Amendment protections in the U.S. While Washington shields platform content under constitutional free speech rights, European nations seek greater accountability from tech giants. Legal experts suggest this case could set a precedent for future cross-border investigations, especially those touching on social media algorithms and content moderation.
What’s Next
X has not yet issued an official response. However, the DOJ’s refusal reduces the immediate legal risk for Musk personally. Yet France’s independent investigation may increase regulatory pressure on X under the EU’s Digital Services Act, which mandates stricter obligations for large platforms regarding illegal content. French authorities are expected to release further details in the coming months, while U.S.-France judicial tensions are likely to intensify.