“… This Note introduces the concepts of fake news and ‘Fake News’, and outlines the overall conflict between the two when they are subjected to defamation laws. Part II of this Note discusses in detail the First Amendment rights all Americans possess, the intricacies of defamation laws – both generally and as they relate to journalism – and the history and differences between fake news and ‘Fake News’. Part III discusses the ways in which fake news and ‘Fake News’ may present difficulties with respect to defamation laws, as well as the potential threat posed to the First Amendment in attempting to strictly enforce defamation laws upon journalism deemed to be ‘Fake News.’ To broaden this narrow proverbial tightrope, Part IV of this Note proposes that news organizations should pledge themselves to ethics codes, whereby their individual anchors, reporters, and correspondents must sign affidavits or affirmations stating that their reports have been collected and disseminated according to the tenets of a code of ethics. Under the threat of perjury, media outlets and their individual employees will be more hesitant to publish actual fake news. At the same time, those who bring meritless defamation lawsuits in these cases would be punished with sanctions and court expenses. In this way, the freedom of the press guaranteed by the First Amendment would be preserved while stamping out the recent trend of fake news upon which many have falsely based their knowledge and perception …” (more)
Abiuso, Christopher M, ‘You’re Fake News: Preserving Both Free Speech and Defamation Lawsuits’, Hofstra Law Review, volume 47, issue 4, article 7 (2019).
First posted 2022-03-24 19:15:05
Leave a Reply