Now do you see why letting HHS censor “misinformation” is a terrible idea? (online)

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Dear Senators Klobuchar & Lujan: Now do you see why letting HHS censor “misinformation” is a terrible idea?
https://www.techdirt.com/2024/11/20/dear...ible-idea/

INTRO: You have likely heard that Donald Trump has nominated conspiracy theorist Robert F. Kennedy Jr. to be his next Secretary of Health and Human Services. This is dangerous and cruel for a very long list of reasons, but his nomination also exposes the critical flaws in a bill proposed by Senators Amy Klobuchar and Ben Ray Lujan just a few years ago.

In 2021, Senators Klobuchar and Lujan introduced a bill that would have given the Secretary of Health and Human Services the power to unilaterally declare what constitutes “health misinformation” online. Under the proposed law, a new exemption to Section 230 would be created for any content deemed misinformation by the HHS Secretary, which could open tech platforms up to lawsuits, creating immense pressure to block such content.

At the time, the bill seemed misguided and unconstitutional. In the hands of an anti-science zealot like RFK Jr. as HHS Secretary, it would be catastrophic.

From the bill: Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the heads of other relevant Federal agencies and outside experts determined appropriate by the Secretary, shall issue guidance regarding what constitutes health misinformation…

And then, any site hosting content so designated would be “treated as a publisher or speaker” of such “health misinformation,” effectively opening them up to lawsuits.

If that bill had become law, RFK Jr. could declare that factual information debunking his anti-vaccine conspiracy theories is “misinformation.” He could threaten lawsuits, or just unleash others to sue, to force social media platforms to silence anyone who corrects his dangerous nonsense about vaccines and autism.

Thankfully, Klobuchar and Lujan’s bill went nowhere, and for good reason... (MORE - details)
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