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> (Genuinely trying to understand if there is something that makes this different from any other sort of fraudulent communication - I don't see people defending
by chordalkeyboard 6y ago
> (Genuinely trying to understand if there is something that makes this different from any other sort of fraudulent communication - I don't see people defending the other stuff under the guise of "Free Speech", and I'm not clear why this would be different)
People are not defending fraudulent communication. They are observing that the same factors that make audiences vulnerable to misinformation affect the censors and the process by which censors determine which information is harmful.
If we had a test for truth or sincerity we could use it to determine which information was false or put forth in bad faith. We don't, so any person who acts as an information gatekeeper could be one of those people who is lying or deceived and they would then be able to corrupt the discourse by censoring the information that exposes their lies or misunderstandings.
- pnw_hazor 6y agoFraud is a very specific (and hard to prove) term of art in US law. There is no US law that would stop someone from making expressions that are later determined to be fraudulent. Note, commercial speech (e.g., advertisement) is considered a less protected species of speech and may be subject to prior restraint in limited viewpoint neutral circumstances.