Open AccessWe Hold These Distruths to be Self-Evident: How Legal History Could Save America from Itself
Author(s) -
William H. Murphy
Publication year - 2021
Publication title -
journal of global awareness
Language(s) - English
Resource type - Journals
eISSN - 2692-7179
pISSN - 1932-0817
DOI - 10.24073/jga/2/02/03
Subject(s) - disinformation , repeal , dilemma , legal doctrine , political science , civil society , doctrine , fake news , surprise , law , law and economics , public relations , social media , sociology , psychology , media studies , social psychology , politics , philosophy , epistemology
This paper explores the threat of disinformation to American society. Focusing on social and cable news media as the primary disseminators of disinformation, it examines how the very design and nature of these two mediums promote and stimulate the intentional and viral spread of wholly inaccurate information as well as the significant and tangible negative consequences experienced across American society as a result. The paper subsequently proposes a legal solution to this dilemma in the form of a repeal of Section 230 paired with a reinstatement of the Fairness Doctrine. The background, history, and effect of each are thoroughly discussed, and the prevailing legal and policy arguments against their respective repeal and reinstatement are considered and countered in concluding that the proposed solution would, to some degree, likely promote a more civil and informed American society better equipped to confront modern challenges.