We are talking about media companies exercising discretion and control over content, not about what is constitutionally protected. I think a more relevant legal discussion would be on the tension over safe harbor provisions vs exercising editorial control.
You claimed to write about “false information that has real world impact, like yelling fire in a crowded theater.” That example is from the real world when the government acted against private parties that engaged in what the government characterized as sedition. Do you withdraw your example?
That's a rather tenuous link. Because a famous person said the same quote in a different context doesn't mean it actually has bearing and what we are discussing. If you don't like the first hypothetical, maybe focus on the second hypothetical, as it is extremely relevant for today.
0k, if an entity starts grading the claims of others for truth or falsehood, would it be held responsible for those claims it does not grade or for incorrect grades? Or is the grading “caveat emptor” and the recipient of information has no guarantee of truth or falsehood anyway?
Is a lack of a label on the below an endorsement of Theranos’ technology?
