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I know that most forms of lying are protected by the First Amendment, but there are some narrow exceptions.

Does the First Amendment protect deliberately publicizing the incorrect date of an election, the eligibility requirements to vote, or other procedural information about an election in an attempt to dissuade certain people from voting?

Very Tiny Brain
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2 Answers2

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See Minnestoa Voters Alliance v. Mansky, 585 U.S. ___ (2018):

the State may prohibit messages intended to mislead voters about voting requirements and procedures

See also People v. Burkman, ___ N.W. 3d ___ (Mich. June 13, 2024). The Supreme Court of Michigan found a criminal provision constitutional because it caught only "intentionally false speech that is related to voting requirements or procedures and is made in an attempt to deter or influence an elector's vote."

A person has been convicted of conspiring to interfere with voting rights by spreading messages on social media that falsely alleged that people could vote for then presidential candidate Hillary Clinton via text message (Department of Justice, "Social Media Influencer Sentenced for Election Interference in 2016 Presidential Race").

Jen
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This seems to be something of an open legal question.

As Jen's answer correctly notes, Douglass Mackey was convicted late last year for posting memes claiming that people could vote for Hillary Clinton in the 2016 Presidential election via text message. However, this case was appealed to the 2nd Circuit Court of Appeals on the grounds that it violates Mr. Mackey's First Amendment rights as well as on the grounds that the court that convicted him didn't have jurisdiction over the case anyway. While oral arguments for the appeal have happened, at least as far as I can tell, a decision does not seem to have been rendered yet.

reirab
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