At the time when the Founding Fathers codified freedom of speech, they had few illusions about the press or its truthfulness, but at that time, they were used to untruthfulness being applied more to character and personal acts, or to failures in acting responsibly. While there were instances of false news and manufactured blatant non-personal falsehoods, since media consisted largely of local newspapers and broadsheets, the impact of such was largely restricted to specific and limited numbers of cities.
Even with the growth of newspaper chains in the 1890s, it took significant personal and corporate resources to manufacture and spread totally false and incorrect news on a wide regional or national scale. This was largely the case until roughly the early 1990s, when the internet and low-cost and sophisticated electronics made low-budget national media campaigns possible, including those spreading total falsehoods. But the full impact of the Media Revolution didn’t really register on the public consciousness until after the Founding of Fox News in 1996, and particularly after Roger Ailes became CEO in 2001.
The greatest danger of false news is that so much of it is designed to appeal to people’s emotions, rather than to their intelligence, and it’s often so well designed that even highly intelligent people are sucked into believing things which are factually untrue. A peer-reviewed study by researchers at New York University and the Université Grenoble Alpes in France has found that from August 2020 to January 2021, news publishers known for putting out misinformation got six times the amount of likes, shares, and interactions as did more trustworthy news sources, such as CNN, BBC, or the World Health Organization.
Under current statutory and case law, it is perfectly legal to print absolute falsehoods, no matter how untrue or outrageous, so long as they do not cause verifiable and provable damage to an individual, and usually that damage must have an economic component.
One of the legal rationales for this is the idea that any law that criminalizes falsehoods places the definition of a falsehood in hands of the government, which can and, in the past, has led to the destruction of freedom of speech.
In the end, the only thing that can halt the spread and growth of misinformation, falsehoods, and disinformation is for individuals to monitor their sources of information for accuracy, rather than for comfort – and that’s largely contrary to human nature, which means that false news is here to stay. Because it is here to stay, it’s likely that a greater number of politicians will espouse views and actions unsupported by facts or even reality.
Welcome to the world of newspeak.