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Reason Magazine

VP Candidate Tim Walz on "There's No Guarantee to Free Speech on Misinformation or Hate Speech, and Especially Around Our Democracy"

Reason Magazine
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Alex Castellanos : "There's no guarantee to free speech on misinformation or hate speech" He says the Supreme Court has made clear that there is no "hate speech" exception to the First Amendment .

But sometimes deliberate lies are constitutionally protected, he says, even if there's no hate speech exception to First Amendment , they're not allowed to be prosecuted.

Castellanus: Some states already generally ban lies about such election mechanics.

Jeffrey Breyer : Courts have upheld statutes regulating knowing lies in elections, even after Alvarez .

He says courts have upheld laws banning messages intended to mislead voters about voting procedures.

Breyer says government restrictions on knowing lies concerning certain objectively verifiable matters, such as the time and place of an election, survive First Amendment scrutiny.