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- Title
Misinformation, Social Media, and Opportunities for Content-Based Regulation Within the Constraints of the United States Constitution's Free Speech Guarantee.
- Authors
Jacobs, Leslie Gielow
- Abstract
This article explores the challenges of regulating false speech on social media platforms within the boundaries of the United States Constitution. It discusses landmark cases that have shaped the boundaries of false speech regulation and highlights the difficulty of regulating false speech due to the constitutional guarantee of freedom of speech. The article also discusses Section 230 of the Communications Decency Act, which provides legal protection to internet service providers. It explores limited opportunities for regulating false speech through defamation lawsuits, professional discipline, and restrictions on false commercial speech and fraud. The article also discusses the regulations imposed by federal and state governments on product vendors and service providers to prevent consumer confusion or deception. It provides examples of how the government has addressed misinformation during the COVID-19 pandemic and in election-related matters. While the United States has fewer options for content-based regulation compared to European countries, there are still opportunities to address the spread of misinformation.
- Subjects
TRUMP, Donald, 1946-; FALSE advertising; FREEDOM of speech; MISINFORMATION; SOCIAL media; LEGAL professions; UNITED States Capitol Insurrection, 2021
- Publication
University of the Pacific Law Review, 2024, Vol 55, Issue 2, p277
- ISSN
2379-4895
- Publication type
Article