A contention, a proposal, and a question!
On page 1025, Shiffrin writes that “the potential for unmediated mass distribution of government misrepresentation should stimulate a reconsideration of our free speech assumptions about government speech.” However, I question if recent technological and social media changes alter the constitutionality or morality of government speech. While changes in technology and social media may make lies more effective at their aims, I do not think such an outcome-centered approach should be used to evaluate the morality or constitutionality of a lie. If Trump posts an egregious lie on Twitter seen by a million people or places a quote into a newspaper seen by 10 people, both should stimulate a reconsideration of free speech assumptions about government speech.
I had some proposals for implementing Shiffrin’s proposals. In order to regulate experts and politicians, verified accounts could be held to stronger regulations on the accuracy of their statements. Additionally, users could categorize their tweets (or other statements on different platforms) as facts, opinion, anecdotes, etc. If you were to label something as facts, then your statements would be held to the highest standard of accuracy and opinions less so. Also, public officials could be forced to both have a personal account and a professional account, and statements on the professional account could be held to a higher standard of accuracy.
I would also be interested in hearing what Shiffrin has to say about how declining local news has potentially impacted the impact of lies or the landscape of free speech! Perhaps, lies spoken by government officials on a local level are more impactful? There are less people holding local politicians accountable to the truth. Strong local news also increases people’s trust in government institutions which might make people more wary of individuals that share conspiracy theories. I also wonder if such private interventions on social media holding lies accountable would be necessary if local news were stronger! I am wary of relying on private institutions to regulate free speech though I understand that may be one of the only plausible ways to control lies. I am of the personal belief that the destruction of local news has led to polarization which allows for candidates like Trump to be elected.
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