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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

First Amendment

2020

Hate speech

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Disentangling Disinformation: What Makes Regulating Disinformation So Difficult?, Jason Pielemeier Jul 2020

Disentangling Disinformation: What Makes Regulating Disinformation So Difficult?, Jason Pielemeier

Utah Law Review

This Essay articulates some of the critical ways in which disinformation differs from other categories of harmful content and explores some of the early efforts by platforms and governments to address the issue. It begins by analyzing the semantics around disinformation, explaining how specific terminology can allude to distinct concerns. It then explores the similarities and differences between disinformation and related categories of harmful content, like hate speech and terrorist incitement, before examining some of the corporate and regulatory initiatives that have emerged. It concludes with some observations and cautionary notes for corporate and governmental policy makers as they consider …