Jefferson, The First Amendment and the Predicament of Misinformation

America has been widely considered a great democratic experiment, which is a characterization attributed to Thomas Jefferson. An experiment can be designed to use trial-and-error methods to find a certain outcome. While not a conscious effort, the United States has experienced a trial-and-error experimental process in developing legislation that will restrict dangerous misinformation without violating the speech and press clauses of the First Amendment. In several of his personal writings and official speeches, Jefferson advised against additional government intervention with regard to filtering true and false information published by the press or distributed by citizens. His argument is a guiding theme throughout this thesis, which explores that experimental process and its relation to contemporary efforts to address and prevent future phenomena like the fake news outbreak of 2016.
This thesis utilizes an examination of examples of laws designed to control misinformation, past and present, then using those examples to provide context to both arguments in favor of and opposing new misinformation laws. Extensive archival research was conducted to ensure that accurate historical reflection could be included in offering information about historical examples, as well as through application of relevant literature. The possible effects on the electorate and the practices of the press by those laws of the past and potential proposals for new legislation are also discussed in an effort to provide further context to, and support for, the conclusions reached. Those conclusions include that additional regulation is necessary to discourage the creation and distribution of fake news and misinformation in order to protect the public from the violence or imminent unlawful action they may cause.