What is Misinformation?
Misinformation refers to false or inaccurate information that is spread without the intent to deceive or cause harm. In contrast, Disinformation is false information deliberately created or shared to mislead, harm, or manipulate others. A third category, Malinformation, means factually true information that is used in a misleading way or out of context to inflict harm. The key difference is intent and context.
The First Amendment Protects False Speech
Under U.S. law, the First Amendment’s free speech guarantee means that even false or misleading speech is protected from government censorship. The Supreme Court has made clear that there is no general First Amendment exception for false statements.
In United States v. Alvarez (2012), the Court struck down a law that criminalized lying about receiving military honors. The Justices reaffirmed that “falsity alone may not suffice to bring the speech outside the First Amendment.” The reasoning behind this is that allowing broad bans on false speech could chill public debate and invite abuse. Instead, the Constitution favors countering lies with truth in the marketplace of ideas. As Justice Kennedy noted, “The remedy for speech that is false is speech that is true… The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.”
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Ashkhen Kazaryan is a Senior Legal Fellow at The Future of Free Speech, where she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.