Muzzling Anti-Vaxxer FEAR* Speech: Overcoming Free Speech Obstacles with Compelled Speech

Abstract

As the anti-vax industry continues to stoke fear and incite vaccine resistance, some means must be found to detoxify their false messages. Counterspeech, the preferred mode to deal with unfortunate rhetoric, I demonstrate, is both ineffective and counter-effective when it comes to scientific speech addressing health. I therefore investigate other free speech protections available to shield false anti-vax speech, concluding that while complete protection may exist in the context of political speech without proof of fraud, it is more limited in the context of commercial speech. I then investigate the commercial ties of anti-vax mechanisms used in the strikingly effective outreach targeting insular audiences: the conference and pamphlet vehicles. Research indicates that these vehicles incorporate fingerprints of commercial enterprise, thereby making them eligible for regulation under the doctrine of compelled speech. This approach allows for the requirement of imposing warning labels on pamphlets as well as conference advertising and marketing. This novel approach may provide the salutary benefit not obtainable by counterspeech.

Keywords: anti-vaxx, anti-vax, vaccine resistance, COVID, corona virus, measles, epidemic, pandemic, free speech, first amendment, commerce clause, compelled speech, warnings, government speech

JEL Classification: I 1, I12, I14, I 18, K19, K32, K42, K42