Freedom of Speech and Regulation of Fake News

Abstract

Professor Leslie Gielow Jacobs, Anthony Kennedy Professor of Law, Executive Director, Capital Center for Law & Policy, McGeorge School of Law United States National Report for the 2022 General Congress of the International Academy of Comparative Law: Freedom of Expression and the Regulation of Fake News, published in a supplementary volume of the American Journal of Comparative Law, available online at: https://academic.oup.com/ajcl/advance-article/doi/10.1093/ajcl/avac010/6597032 This report sets out the constitutional framework that structures regulation of the broadcast and spread of fake news in the United States, identifies the types of laws that currently exist within this framework and explains their applications, and notes new laws and proposals aimed specifically to address fake news and its adverse public consequences.