There’s no ‘disinformation’ exception to the First Amendment

Misinformation and disinformation retain the basic characteristics of speech. Unless they fall into one of very few exceptions, they are protected from censorship under the First Amendment.

Consistent with those very limited exceptions, any effort by the government to prevent the dissemination of ideas or opinions, even if they are based on untruths, is unconstitutional.

A three-judge panel for the Fifth Circuit Court of Appeals recently upheld an injunction that prohibits the government from pressuring social media platforms to de-escalate or remove speech that the government identifies as misinformation or disinformation.

On Thursday, Sept. 14, that injunction was put on pause by the Supreme Court until Sept. 22, to give the Court more time to consider the issue.

The injunction resulted from a lawsuit filed by the attorneys general of Missouri and Louisiana and others accusing the federal government of strong-arming social media companies in order to amplify government-approved points of view and muffle or silence opposing views.

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Free speech makes civilizations thrive. It is the rational as well as constitutional only option. Anyone who wants to limit free speech is a POS. Covid proved this point and also proved that the worst enemies of free speech were and still are governments, Big Media and other vested interests. ABN

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