“Free speech” is doing a lot of work there. As always.
For example, I think deliberate misinformation should be treated the same as harassment, fraud, and incitement. That is, a kind of speech that is not protected free speech. Just like defamation, you should have to reach an actual malice standard. But unlike defamation, there is not a clear “victim” to act as the plaintiff, so the state would need to step in on behalf of the people to act as one.
“Free speech” is doing a lot of work there. As always.
For example, I think deliberate misinformation should be treated the same as harassment, fraud, and incitement. That is, a kind of speech that is not protected free speech. Just like defamation, you should have to reach an actual malice standard. But unlike defamation, there is not a clear “victim” to act as the plaintiff, so the state would need to step in on behalf of the people to act as one.