Mark Zuckerberg maintains that he will not remove lies from politicians harming the reputation of others because he believes in the First Amendment. As the Supreme Court, however, has stated, knowingly false defamatory statements have no constitutional value. Moreover, such statements harm both the subject of the falsehood and deceive their readers. Keeton v. Hustler Magazine, Inc. Although, the Court in U.S. v. Alvarez has ruled that political lies are not always unprotected, crucial votes in the case reemphasized that defamation even of public persons is unprotected if it is a knowing falsehood or made in reckless disregard of the truth., citing New York Times v. Sullivan.
Zuckerberg insists that Facebook will not fact check political posts. But Facebook should fact check defamatory political posts when it receives notice of falsity. It has already refused to remove a post defaming Joe Biden which it surely knows is false. It distorts the First Amendment when it is used as a cloak to defend this reckless refusal to protect readers.
Trump, of course, will applaud this policy. So, presumably, will Putin. They will benefit from an open venue for their lies.
Zuckerberg might have business reasons for his approach; he might want the Trump/Putin coalition to win. But “my belief in the First Amendment made me do it” draws on a First Amendment that is no part of our Constitution.
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