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Nick Sawyer, MD, MBA, FACEP
@nicksawyermd.com
ER doc. Former executive director of No License for Disinformation (NLFD) 501c3. Advocate for State Medical Board reform. Our story in The Atlantic: archive.is/eOnxi NLFD on ABC News: abcnews.go.com/US/video/truth-ivermectin-83239643
1.2k followers324 following2.4k posts
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Whatever you do, DO NOT bring this topic up to a real or self proclaimed 1A attorney. They appear to rather see our democracy die and be “right” rather than address or reevaluate 1A jurisprudence in the digital age. They cannot empathize, they don’t listen. This is a good review on the issue.

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Hat tip to @tnicholsmd.bsky.social on this. Justin Hyland, Conspiracy Speech: Reimagining the First Amendment in the Age of QAnon, 44 HASTINGS COMM. & ENT. L.J. 1 (2021). Available at: repository.uclawsf.edu/cgi/viewcont...

Again, this is not a clash of ideologies by which we arrive at a higher understanding. Rather, conspiracy speech espouses manifestly false realities, mixing narrative with objectivity. Third, the harms produced by conspiracy speech are tremendous. As stated earlier, the proliferation of this speech has been linked directly to violent action. People have been murdered, children kidnapped, and Capitols breached all in service of these false narratives. 2 There have also been steep costs on followers. Setting aside individuals who have lost liberty from criminal sentencing, many followers have lost time, money, and familial connection due to their participation in the conspiracies. conspiracy speech has a deleterious effect on the democratic process. The dissemination of misinformation interferes with the public's capacity to make sound, rational choices. Conspiracies regarding politicians also undermine trust in public officials.
The imminence requirement demonstrates that, in certain circumstances, counterspeech cannot effectively diffuse incendiary expression. This failure of persuasion means that the harmful idea wins a place in the market it otherwise should not have. In the incitement context, this can lead to social harms such as violent action and lawlessness. I argue that online conspiracies still trigger the types of market failures that contemporary First Amendment law attempts to correct. Because existing doctrine fails to address these market breakdowns, we must envision new solutions to confront these emerging problems.
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Nick Sawyer, MD, MBA, FACEP
@nicksawyermd.com
ER doc. Former executive director of No License for Disinformation (NLFD) 501c3. Advocate for State Medical Board reform. Our story in The Atlantic: archive.is/eOnxi NLFD on ABC News: abcnews.go.com/US/video/truth-ivermectin-83239643
1.2k followers324 following2.4k posts
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