Law Professor David S. Ardia, SSRN, July 4, 2022, argues that the view that the market of ideas is self-regulating, that more speech will lead to truth has not been borne out in the new world of the internet and social media. Instead the public relies on information that confirms existing biases and circulates it with little regard for its veracity. Many use the internet to undermine democratic processes. Ardia proposes two new rights under the First Amendment: “a right not to be lied to by the government when it undermines the public’s capacity for self-governance and a right to information in the government’s possession that can assist the public in its efforts to understand and evaluate issues of government policy.”
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