Her plan, which mainly focuses on Election Day disinformation, would almost surely be unconstitutional. And if it did survive constitutional review, who would be charged with determining what counts as “disinformation” in the future? Will there be an army of government fact-checkers sifting through Twitter accounts, or will Warren farm out the task of monitoring billions of daily interactions to our trusted media?
Plus, if the state can criminalize disinformation about elections, what is to stop it from criminalizing “disinformation” about candidates or science or public policy — or anything that supposedly undermines the common good?
If, say, a person prone to hyperbole publicly accuses Warren of being a proto-fascist scoundrel, is he “misleading” voters? What if an elected official claimed to be Native American but really wasn’t? Would she be banned?
How about social-media users who assert once widely accepted scientific statements that have fallen into disfavor — statements such as “life begins at conception” or “there are only two genders”?