A state lawmaker in New York has joined the growing list of public officials to introduce legislation aimed at controlling how social media platforms handle users' posts.
As with numerous other recently proposed social-media laws, the bill, introduced by State Senator Brad Hoylman (D), raises obvious First Amendment concerns. If passed, it would almost certainly be held unconstitutional.
The measure specifically would prohibit social media platforms from promoting certain objectionable content -- including posts that contain “a false statement of fact or fraudulent medical theory that is likely to endanger the safety or health of the public.”
The problem with this type of proposal is that many debatably false statements about health and medicine -- including statements about vaccine efficacy and side effects, or unproven treatments for COVID-19 -- are protected by the First Amendment.
For that matter, false statements in general are protected by the First Amendment.
“Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth,” Supreme Court Justice Anthony Kennedy wrote in a 2012 decision, referring to George Orwell's “1984.” The decision in that case invalidated a law that would have made it a crime for people to lie about their military service.
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