Document Type

Article

Publication Date

2021

Abstract

In legal scholarship over the past few years, fake news has been criticized and pondered repeatedly. In many ways, 2020 was a year of reckoning which brought to the fore the myriad problems posed by fake news. This Article uses the context of 2020 to critique the Supreme Court decision in United States v. Alvarez, the latest Supreme Court ruling on the issue of whether fake news is protected by the First Amendment. Alvarez was decided in 2012, before the true dangers of fake news during the Internet Age were made fully apparent to the public. While Alvarez upheld the noble idea of truth ultimately triumphing in the marketplace of ideas, in reality, Alvarez opened the gates to the pernicious dangers posed by fake news.

Comments

Stanford Law Review Online, Vol. 73, pp. 194-208

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