The Big Lie took a beating in the midterms. Of the six 2020 election deniers vying to take control of a battleground state’s election systems, not a single one was victorious. But democracy isn’t exactly safe from being undermined by a campaign of falsehoods orchestrated by Donald Trump, who is trying to retake the White House. In response to Trump’s ascent and other challenges across the world to shared truths that stitch together societies, some scholars have begun to argue that it’s time to reconsider the meaning of freedom of speech. “The question is gaining traction among legal academics,” says Richard Hasen, a professor at UCLA Law School.
It’s a fraught undertaking, to be sure. In the United States, the First Amendment protects speech to a degree rare elsewhere in the world. But these are extraordinary times. It’s not just that lies have become more common in the age of MAGA, perverting the public’s ability to make informed decisions. It’s also that the societal norms holding lies in check have faded. “Trump has made it more fashionable to lie,” says David Schultz, a law professor at the University of Minnesota Law School, “and there seem to be few political or legal consequences for lying.” Continue reading New York: Do You Have a Right Not to Be Lied To?