VIEW VIEWPOINT

First Amendment Misinformation

Written by Kerby Anderson October 25 - 2024
Kerby Andersonnever miss viewpoints

According to an increasing number of politicians, the First Amendment doesn’t protect misinformation. Ironically, most of what many of them are saying is misinformation.

Former Senator John Kerry told the audience at the World Economic Forum that the First Amendment is a roadblock to progress because it allows people to spread misinformation. He lamented that “Our First Amendment stands as a major block to the ability to be able to hammer it out of existence.”

Minnesota Governor Tim Walz has criticized social media sites because they “act as a megaphone for misinformation.” And two years ago, he proclaimed, “There’s no guarantee to free speech on misinformation.”

But let’s focus on his more recent statement in the debate he had with Senator J.D. Vance, who challenged him on his prior statement that the First Amendment does not cover misinformation. His response was the classic: “You can’t yell fire in a crowded theater. That’s the test. That’s the Supreme Court test.”

It is not. The quote comes from Justice Oliver Wendell Holmes. In a 1919 case of Schenck v. United States, he argued, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing panic.” In the context, it had nothing to do with the case involving two members of the Socialist Party of America.

It is not law and is not the Supreme Court test. In fact, it comes from one of the darkest chapters of U.S. history when the government passed the Espionage Act of 1917 and the Sedition Act of 1918.

I believe the cure for bad speech is more speech. The cure for misinformation is not censorship but making more accurate information available. viewpoints new web version

Listen to this Viewpoint

Viewpoints

View All
1780970146 6a2772a202059
June 9, 2026
Kerby Anderson

High and Low

If you look at the American economy, you see a high and a low. The stock market is at a record high, while consumer sentiment is at the lowest ever measured.

Listen
Book cover faith affirming findings
June 8, 2026
Kerby Anderson

Faith-Affirming Findings

Biblical archaeology seems to be going through a “golden age of apologetics.” One illustration is the fact that over the last two months I have had the privilege of interviewing three authors on their...

Listen
1780883379 6a261fb3cd354
June 5, 2026
Kerby Anderson

Historical Ignorance

Years ago, a doctor wrote an article entitled, “What’s Keeping David McCullough from Sleeping?” This noted historian and award-winning author had trouble sleeping because he was worrying about what wa...

Listen

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.