“Drawing the Line Between False Election Speech and False Campaign Speech”

I have written this blog post for the Knight First Amendment Institute in connection with this event on lies and elections that I’ll be participating in on Wednesday. A snippet:

In a book to be released in March 2022, Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It, I explain how technological change has allowed the spread of disinformation, and particularly disinformation about how elections are run, to threaten the integrity of the election system. And I offer a host of both legal and norm-based solutions to lessen the risk that disinformation will bring down American democracy, as was threatened on Jan. 6.

I cannot offer the full argument in this brief blog post, but I do think it is useful to address a point I will make in the book about a distinction between false election speech and false campaign speech. I believe that Congress or states may constitutionally ban the former but not the latter, and government may require social media companies to remove false election speech from their platforms.

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