The First Amendment doesn’t come with an exception for “disinformation.”

Robby Soave:

Rep. Alexandria Ocasio-Cortez (D–N.Y.) told her social media followers earlier this week that Democrats in Congress might respond to the Capitol riot with some sort of “media literacy” initiative.

The phrase media literacy ordinarily implies helping individuals make sense of the media landscape, but AOC seems to have more in mind than that: She suggested “we’re going to have to figure out how we rein in our media environment so that you can’t just spew disinformation and misinformation.”

AOC suggests adding “media literacy” as a mandate for a congressional “truth and reconciliation” committee pic.twitter.com/sv7UXMwvaO

— Tom Elliott (@tomselliott) January 13, 2021

It’s true that both traditional media and social media sometimes spread “disinformation and misinformation.” But the federal government has no formal role to play in suppressing its spread. The First Amendment explicitly bars Congress from infringing on freedom of the press or freedom of speech, and the Supreme Court has recognized no exceptions for disinformation. If the government could ban disinformation, after all, it could use that as a cover for banning speech that is not actually false but merely critical of the government, or of specific politicians. Recall that Democrats swiftly denounced The New York Post‘s report on Hunter Biden’s foreign connections as “disinformation,” even though many underlying aspects of the story have since been confirmed.