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Cookingboy | 1 year ago
First of all if you have any evidence of TikTok engaging in it, you should present it since even our government have said there is no such evidence and that possibility remains hypothetical.
Secondly no, it's not illegal to spread misinformation, no matter the motive. The First Amendment absolutely guarantees that right.
shlant|1 year ago
Again, does NOBODY know what the first amendment covers???
If you yell FIRE in a crowded theatre (misinformation) that is not covered by the 1st amendment[1]. Please stop talking confidently about something you don't understand.
[1] https://en.wikipedia.org/wiki/Schenck_v._United_States
Edit: Schenck v. United States was largely overturned by Brandenburg v. Ohio but not completely, only limiting the scope. There are also many other examples that could be used to show that spreading misinformation is not blanket covered by 1a (defamation for example).
Cookingboy|1 year ago
https://firstamendment.mtsu.edu/article/lamont-v-postmaster-...
NavinF|1 year ago
The new ruling makes it clear that misinformation is legal under 1A
ltbarcly3|1 year ago
Cthulhu_|1 year ago
Without substantiating your claim with links / references, this is an empty "appeal to authority" argument, aka weasel words.
jkaplowitz|1 year ago
Not accurate, no, assuming that by misinformation you mean information that the author knows to be false. To name just two quite legally clear examples with no inherent connection to foreign states, US defamation law and US product liability law often create civil liability and occasionally even criminal liability for certain categories of knowingly false statements.
But, sure, spreading misinformation is not always illegal, and a blanket ban on that would indeed violate the First Amendment even though more targeted bans have been upheld as passing the relevant judicial tests for laws affecting First Amendment rights.
Cookingboy|1 year ago
Such as?
libertine|1 year ago
[deleted]
Cookingboy|1 year ago
Good. Because ByteDance has never tried to hide the fact that it's a Chinese company. So that argument wouldn't matter even if there are evidence of them pushing Chinese propaganda.
sabbaticaldev|1 year ago