Manufacturing Doubt in Democracy

4 Pages Posted: 12 Nov 2024

See all articles by Wes Henricksen

Wes Henricksen

Barry University School of Law

Date Written: September 27, 2024

Abstract

This is a comment on how leaders in politics, industry, and media disseminate intentional falsehoods for self-serving purposes, causing harm in the process. It focuses on one recent development in this area--the Heritage Foundation's release of a misleading video on a hot button political topic. Although this news item related to a falsehood benefiting the political Right, individuals and organizations on both sides of the political aisle engage in disseminating intentional falsehoods. The comment concludes by calling for greater restrictions on the ways leaders in politics, industry, and media intentionally mislead the public, arguing that fraud aimed at millions should hold no greater First Amendment protections than fraud aimed at one individual.

Keywords: First Amendment, Fraud, Disinformation, Misinformation, Political Speech, Commercial Speech, Political Campaigns, False Speech

Suggested Citation

Henricksen, Wes, Manufacturing Doubt in Democracy (September 27, 2024). Available at SSRN: https://ssrn.com/abstract=4970530 or http://dx.doi.org/10.2139/ssrn.4970530

Wes Henricksen (Contact Author)

Barry University School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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