46 Hastings Const. L.Q. [i] (2018-2019)

handle is hein.journals/hascq46 and id is 1 raw text is: 











  HASTINGS CONSTITUTIONAL LAW QUARTERLY

VOLUME 46                       FALL 2018                        NUMBER 1


                            Table of Contents

                                 ESSAY

Separating Fact From Fiction: The First Amendment Case for Addressing
Fake News on Social Media
by M ich a el  K .  P a rk  ............................................................................................ 1

Fake news or disinformation that appropriates the look and feel of real news
stories continues to spread across social networks, suppressing informed dialogue
and sowing civil discord. After revelations that influential media websites like
Facebook and Twitter were used to spread fake news during the 2016 presidential
election, these companies vowed to take remedial action, but have failed to contain
the spread of fake news. This essay makes the case that First Amendment
principles mandate that the government has a duty to preserve democratic
deliberation and democratic decision-making institutions, even if that means
overriding private interests. It explores some prospective measures to address fake
news, including a judicial reexamination of 230 of the Communications Decency
Act, and a statutory remedy for corrective action. This essay argues that such
prospective measures are much needed to help preserve informed discussion on
public affairs, which the First Amendment seeks to sustain, both as an end and as
a means to achieve a self-governing republic.

                               ARTICLES

The Unofficial Federal Officer
by M egan M . M cLaughlin ..............................................................................  17

Most people can state who the first lady is, but no one can clearly explain what the
first lady is. This silence, which stretches across all three branches of government,
speaks volumes and leaves the first lady's official constitutional status as an open
question. Most discussions of this matter arose during the Clinton presidency in
the context of Hillary Rodham Clinton's role in her husband's administration. The
few legal academics who touched on the topic then have not revisited it despite the
changing political and social landscape. This paper explores how the evolution of

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