The First Amendment makes it very difficult to regulate “fake news,” and it raises dangers that those who would regulate would do so not to stop the spread of misinformation but to protect their own political position. I have a paper coming out in the First Amendment Law Review on this very question, including the issue of foreign interference: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3017598 We may need to put political pressure on Facebook, Google and Twitter to self police, rather than rely on government regulation in this area. But it may not be enough. The bottom line is that this is a dangerous time for our democracy, but some kinds of regulation may be a cure worse than the disease.
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