Is disinformation protected by the 1st Amendment?

[guyfriday]

Lots of talk from pols about stopping disinformation, misinformation.

I see a trend developing where such claims will enable government(s) to censor.

The only truth will be government sanctioned and approved of, truth!

 " If liberty means anything at all, it means the right to tell people what they do not want to hear."
George Orwell


So. . . is misinformation protected or not?

Yes, and so is hate speech. The point of the 1A is stated,
First Amendment | U.S. Constitution | US Law | LII / Legal Information Institute (cornell.edu)

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.

The issue of Mal/Mis/dis Information is the same as the ones for hate speech. The First Amendment outlines the rights to express oneself, but it also inversely silently presents the public the right to not listen to others. There is also a responsibility of the executor of these freedoms to take ownership of their actions. If a person goes around spouting off falsehood after falsehood, then there should be no surprise nor malice toward others when that same executor is ignored by others. 

In today's world another complex notion comes up, and that is crying fire in a crowded hall while also being the one creating the fire. If abuse via mal/mis/dis information is being conducted by a few people, and at the same time conspirators of that person is yelling about the dangers of mal/mis/dis information, then the warner should be viewed and listen to with the same caution of listening and viewing the spouter of the mal/mis/dis information. 

So does the First Amendment protect the right to spout off mal/mis/dis information? Well, yes, but at the same time it also protects the rights of the listener and viewer of this mal/mis/dis information to ignore the purveyor of these falsehoods. With this in mind the requirements of any listener or viewer to research any information heard or seen is also protected by the First Amendment. 


We might not like it when people in general tell lies to the openness of the public form, we should also remind ourselves that these individuals have the right to do so. 


If on the other hand you are asking if the Government has that same right, well then, no it doesn't. Any functional Governmental body has the sole duty of protecting and serving the people that allow that government to function. If a governmental body starts to use mal/mis/dis information on those same people that allow it to function, then the trust between the two if null and void. It is then that both sides need to understand that the government only survives due to compliance of the public. If the public decides that it will no longer is willing to allow the falsehood claims of that governmental body, then removal of that governmental body should be conducted in order to restore both trust and faith in the working governmental body.