Misinformation and the First Amendment

There has always been tension between freedom of speech guaranteed by the First Amendment and limitations on that freedom. The Supreme Court has held that some forms of speech are afforded no or only limited protection. Social media has created a new tension between the First Amendment and false speech and “hate speech”. Recent events demonstrate the link between such speech and its bad effects on society. Should existing limitations on freedom of speech be applied to false speech and “hate speech” spread through social media? Should a new basis for limitations on such speech be recognized by the Court? This is a complex problem requiring interdisciplinary research to arrive at a more comprehensive understanding of and possible resolutions of my research problem. I analyze the problem through the disciplines of law and sociology. I use qualitative research methodology and have analyzed court opinions and scholarly sources to find common ground between relevant disciplinary insights. I then seek to integrate such common insights to arrive at a more comprehensive understanding of and suggest possible resolutions of my research problem. I have not completed my research and analysis. However, I preliminarily conclude that existing limitations on freedom of speech should be applied to false information and hate speech spread through social media. Further, given the demonstrated bad effect that such speech has had on society, it is appropriate for the Court to recognize a new basis on which to limit the application of First Amendment protections to such speech.