Cass R. Sunstein, Columnist

How Government Should Regulate Social Media Lies

The First Amendment leaves enough room to deter and punish dangerous falsehoods.

We don’t have to take it anymore.

Source: AFP via Getty Images

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“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
—U.S. Supreme Court Justice Oliver Wendell Holmes Jr., Schenck v. U.S., 1919

A lot of people are falsely shouting fire these days, and causing panics. Should they be punished? What about the platforms that host them?