A New York federal district court found that a man was not protected by the First Amendment in fooling people into voting by text or by social media posts. The judge concluded that in the case of elections, more speech could not counter the ill effects of the false information, “This compelling interest undoubtedly includes making sure voters have accurate information about how, when, and where to vote. Prosecutions such as the one before this court are one of the few tools at the Government’s disposal for doing so. Counter speech, a typical mode of countering false speech, is unlikely to be of much use in the context of tweets spread across the far reaches of the internet in the days and hours immediately preceding an election.” (techdirt, February 1, 2023, by Tim Cushing)
As many as 4,900 tried to vote by text. The judge concluded that although the case involved false statements, it was “at its core, about conspiracy and injury, not speech.” (Law & Crime, January 18, 2023, Adam Klasfeld)