Freedom of Speech and “Misinformation”

Recently, I’ve been thinking about the First Amendment and its relationship to the idea of “misinformation.” There’s a reason the Anti-Federalists put it at the top of their list of amendments to the original U.S. Constitution. When the Founders wrote the constitution, they left out specifics in a number of areas. They reasoned that restrictions on government action in certain areas should be obvious, and didn’t need to be spelled out. The Anti-Federalists (so named by Madison because they objected to an overarching federal government – they felt it could be used to put undesirable restrictions on individual liberties) insisted on including the Bill of Rights, the first ten amendments, because they wanted the inalienable rights to be in writing and thus beyond questioning. Well before Louis B. Mayer, the Anti-Federalists knew that an oral agreement wasn’t worth the paper it was written on.