Why the First Amendment Protects Misinformation, and Why It Should Continue to Do So

Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. He is the author of four books and more than 20 academic journal articles. He received a J.D. from Georgetown University Law Center, and a B.A. and M.P.P. from the University of Michigan.

Abstract: From lies about vaccines to false claims that elections are rigged, misinformation poses serious challenges for the United States. But the First Amendment protects a great deal of speech that could broadly be considered to be misinformation. In this talk, Jeff Kosseff, a cybersecurity law professor at the United States Naval Academy and author of the recent book, Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation, argues that the First Amendment should continue to provide strong protections for false speech. The harms of misinformation, while substantial, pale in comparison to the potential abuse that would come with greater government control over speech. Kosseff argues that non-regulatory solutions, such as media literacy and revitalized local media, are preferable to increased censorship.