Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation

To what extent should American free speech protections be curtailed to slow the spread of false information online? Kosseff (The United States of Anonymous), a cybersecurity law professor at the U.S. Naval Academy, advocates in this evenhanded study that “lawyers, judges and legislators [should] act with great caution before rolling back protections for allegedly false speech.” Aware that there is a rational basis for considering such steps in an “age of misinformation,” Kosseff notes that “expanding criminal and civil penalties for purported falsehoods” has been a tactic used by authoritarian regimes to stifle dissent. Kosseff goes on to offer “a defense of robust protections for free speech,” which, he believes, “have long defined America.” He surveys the history of such protections, even for false speech, ranging from Alexander Hamilton to the rapper Eminem, and the dilemmas posed by recent developments, such as deep fakes and election denialism. While Kosseff bolsters his credibility by accepting the sincere motivations of those who are concerned about the dangers of misinformation, his proposed solutions—such as better educating the public on evaluating the veracity of claims and restoring trust in government and the media—are a tall order and do not address the immediacy of the problem. Still, this is a useful guide to thinking about a complex issue. (Oct.)