Author Meets Critics: Richard L. Hasen’s “Cheap Speech”

Session Submission Type: Author meet critics

Session Description

In “Cheap Speech: How Disinformation Poisons Our Politics---and How to Cure It,” Richard L. Hasen argues that American voters face an unprecedented challenge making informed political decisions and having confidence in fair elections amid a flood of disinformation about “rigged” or “stolen” elections spread virally on social media and on partisan cable programs. He claims that disinformation led to actual violence on January 6, 2021, when those who believed those false claims invaded the U.S. Capitol in an effort to stop Congress’s certification of the 2020 presidential election.

According to Hasen, we are living in an era of “cheap speech” —speech which is both inexpensive to produce and often of low social value. Bad information drives out good and makes room for demagogues, threatening American democracy. "Cheap Speech” explores how to balance interests in a society that values both democracy and robust political debate. Much desirable legal change to protect voters could be blocked by a Supreme Court still relying on an outdated “marketplace of ideas” approach to the First Amendment. But even with judicial approval of new laws protecting voters from social ills caused by cheap speech, only actions across civil society can fully guarantee free and fair elections in the digital era.

This Author Meets Critics panel explores questions posed in the book such as: What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout?

Sub Unit

• Related Groups / Law and Political Process Study Group

Chair

• Guy-Uriel Charles Harvard Law School

Discussants

• Julia Rezazadeh Azari Marquette University

• Yasmin Dawood University of Toronto

• Mary Anne Franks University of Miami School of Law

• Joshua A. Tucker New York University

Presenter

• Richard L. Hasen UCLA School of Law