Dear Dems: Now Do You See Why Letting HHS Censor Misinformation is a Terrible Idea?

You have likely heard that Donald Trump has nominated Robert F. Kennedy Jr. to
be his next Secretary of Health and Human Services. His nomination exposes the
critical flaws in a bill proposed by Senators Amy Klobuchar and Ben Ray Lujan
just a few years ago.

In 2021, Senators Klobuchar and Lujan introduced a bill that would have given
the Secretary of Health and Human Services the power to unilaterally declare
what constitutes "health misinformation" online. Under the proposed law, a new
exemption to Section 230 would be created for any content deemed
misinformation by the HHS Secretary, which could open tech platforms up to
lawsuits, creating immense pressure to block such content.

At the time, the bill seemed misguided and unconstitutional. In the hands of
an anti-vax zealot like RFK Jr., it would be catastrophic.

From the bill:

     Not later than 30 days after the date of enactment of
     this Act, the Secretary of Health and Human Services,
     in consultation with the heads of other relevant Federal
     agencies and outside experts determined appropriate
     by the Secretary, shall issue guidance regarding what
     constitutes health misinformation...

And then, any site hosting content so designated would be "treated as a
publisher or speaker of such health misinformation", effectively opening them
up to lawsuits.

If that bill had become law, RFK Jr. could declare that factual information
debunking his anti-vaccine conspiracy theories is misinformation. He could
threaten lawsuits, or just unleash others to sue, to force social media
platforms to silence anyone who corrects his nonsense about vaccines and
autism.

Thankfully, Klobuchar and Lujan's bill went nowhere and for good reason.
Giving a single political official the power to define misinformation runs
counter to core 1st Amendment principles. What's deemed misinformation could
change radically from one administration to the next, creating a censorship
regime beholden to electoral whims.

The RFK Jr. nomination illustrates exactly why we continually call out these
kinds of bills. Because this is not the kind of power you want to give to the
government (nor should you be able to under the 1st Amendment).


https://www.techdirt.com/2024/11/20/dear-senators-klobuchar-lujan-now-do-you-see-why-letting-hhs-censor-misinformation-is-a-terrible-idea/