Hacker News new | ask | show | jobs
by mercurialshark 2024 days ago
I appreciate you addressing this, because it speaks to the point.

Lies, falsehoods, misinformation and irrational statements are all protected by the first amendment. As is uttering insane and unintelligible thoughts in public.

If speech is used to further a crime or directly causes civil harm that result in damages (ex. assault or nuisance), there are existing applicable criminal and civil laws to either punish or provide a remedy.

If for example, the police were to execute a lawful warrant to search your property, it would not nullify or burden your fourth amendment protection from unreasonable searches and seizures.

Similarly, civil remedies (i.e. tort law) allowing for compensation for damages due to negligence - say from getting trampled in a crowd that was spooked by someone yelling "fire" or "shooter" - would not place limitations on your protected right of freedom to assemble.

The biggest problem with the campaign to justify censorship or moderation of misinformation/disinformation under the guise that it causes harm, is that it removes the measurable injury element of tort law and replaces it with vague and abstract notions of either mass ethereal or psychic harm (which the Supreme Court has expressing found against).

1 comments

If you mean something broader than this Youtube policy then it's not clear what campaign you're referring to. Certain types of misinformation/disinformation are already considered torts because they do cause harm, e.g. defamation/slander/libel. Continuing the metaphor, in the case of Youtube it appears that among other things they don't want to host videos of people encouraging others to make prank 911 calls because it causes lawsuits, bad press and lost profits in addition to it being illegal in a lot of places.