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87 Fordham L. Rev. 2623 (2018-2019)
Managing the Misinformation Marketplace: The First Amendment and the Fight against Fake News

handle is hein.journals/flr87 and id is 2678 raw text is: MANAGING THE MISINFORMATION MARKETPLACE: THE FIRST AMENDMENT AND THE FIGHT AGAINST FAKE NEWS Daniela C. Manzi* In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even trending on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People's vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed populace to determine how it should act, fake news presents a unique threat to US. democracy. Although fake news threatens democratic institutions, First Amendment protections for false speech present a significant obstacle for regulatory remedies. This Note explores the ways these speech protections interfere with the government's ability to protect political discourse the process that enables it to function effectively and proposes that the government regulate journalists to ensure thatpeople can rely on legitimate news media to receive accurate information. IN TR O D U CTIO N ................................................................................ 2624 I. THE GROWING FAKE NEWS PROBLEM AND THE HISTORICAL CONTEXT OF FALSE SPEECH PROTECTION ........................... 2625 A. Falsehoods: Philosophical and Historical Context ....... 2626 B. Fake News'Harmful Effects on Democratic Institutions and the Electorate ...................................... 2627 1. Prevalence and Nature of Fake News ...................... 2627 2. Decline in Legitim ate M edia .................................... 2630 II. FIRST AMENDMENT PROTECTIONS FOR FALSE SPEECH ............ 2633 * J.D. Candidate, 2020, Fordham University School of Law; B.A., 2015, Hamilton College. I would like to thank Professor Abner S. Greene for his guidance, the Fordham Law Review team for their editing assistance, and my family and friends for their support. 2623

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