This article begins with an introduction discussing speech falsity and the duty under U.S. law by comparing commercial and noncommercial speech. Part I explores the problem of online disinformation. Part II addresses online disinformation in a non-commercial context. Part III contains three subsections assesses non-transactional commercial speech as a basis for non-commercial disinformation regulation. Part IV advocates for a fiduciary duty to fashion a remedy. Part V of this article concludes by suggesting a possible solution for creating a online disinformation law that could survive the First Amendment.
Michael M. Epstein, Regulating Fraud on the Marketplace of Ideas: Federal Securities Law as a Model for Constitutionally Permissible Social Media Regulation, 46 SEATTLE U. L. REV. 39 (2022).