Communications Law | First Amendment
The rise of misinformation on social media has prompted governments worldwide to enact legislation that may affect every person’s right to freedom of opinion and expression. In the United States, combatting misinformation shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip social media companies of the twenty-fiveyear-old law that shields them from lawsuits over content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. Thus, an alternative to combatting misinformation is needed.
In an attempt to provide an alternative, this Note presents a model for mitigating misinformation. By dissecting the concept of misinformation, exploring the ways in which social media platforms can mitigate misinformation, and proposing the use of misinformation labels, this Note suggests using Section 230 of the Communications Decency Act as a quid pro quo benefit to incentivize social media platforms to mitigate misinformation.
McDermott, Meghan E., "Mitigating Misinformation on Social Media Platforms: Treating Section 230 of the Communications Decency Act as a Quid Pro Quo Benefit" (2023). Connecticut Law Review. 558.