Abstract
Every regular internet user in the United States has been exposed to fake news at some point. Most of them, if not all, would agree that this problem needs a solution. Nevertheless, even as fake news has taken on unforeseen prominence in recent years, very little concrete action has been taken to curb its impact on American society. Some scholars have chalked this up to the Supreme Court’s expansive conception of the First Amendment, which makes it incredibly challenging to regulate political speech. Others posit that the problem is Section 230, which allows platforms to profit from fake news without facing any liability for third-party content. Still others see this as a failure of platforms that are fully capable of self-regulation. Until now, however, legal scholarship has largely overlooked the role of human participation in fake news. To rectify this gap, this Note explores the reasons why people believe and spread certain types of fake news, ultimately using them as a framework to propose a novel enhanced disclaimer regime that is constitutional, practical, and responsive to America’s fake news crisis.
Recommended Citation
Areeb Asif,
Disclosures, Disclaimers, and Disinformation Advertising,
21
Nw. J. L. & Soc. Pol'y.
159
(2025).
https://scholarlycommons.law.northwestern.edu/njlsp/vol21/iss1/6
Included in
Constitutional Law Commons, First Amendment Commons, Law and Society Commons, Social Influence and Political Communication Commons, Social Media Commons
