Michigan lawmaker wants to license fact-checkers, experts say bill would violate the First Amendment
(The Center Square) – A Michigan lawmaker introduced a bill Tuesday that aims to require “fact checkers” who publish physically or digitally in Michigan and are part of an international network to register with the state.
The bill sponsored by Rep. Matt Maddock, R-Milford, seeks to license fact-checkers on social media and to requires qualifying fact-checkers to file proof of a $1 million fidelity bond with the Secretary of State’s office.
The bill targets a paid fact-checking organization that is a member of the Florida-based journalism Poynter Institute’s International Fact Check Network.
An “affected person “could bring a civil action in any county district court if the party demonstrates to a judge “any wrongful conduct that is a violation of the laws of this state” to claim the $1 million bond.
Fact-checkers violating the registry could be fined $1,000 each day the violation continues if the bill is passed by both chambers and signed into law.
Maddock didn’t respond to a request for an interview but posted on Facebook about the bill:
“Who are these mysterious hidden Fact Checkers messing with our First Amendment? Are they people? Computers? Algorithms? Artificial Intelligence? What (who’s) standards do they use? Are they democrats? Republicans? Nonpartisan? Where do they live? Are they Americans? Are they from China? It’s about time we find out. And another thing…why don’t they Fact Check the Fake News?”
Maddock is likely referring to Facebook’s partnership with the IFCN that deems some posts as inaccurate. However, The First Amendment protects against government censoring speech, not private companies.
The bill coincides with a national conversation alleging Big Tech companies are abusing fact-checkers to chill conservative speech instead of stopping fake news.
For example, former President Donald Trump was kicked off Facebook and Twitter as a sitting president for “inciting violence” on the Jan. 6 Capitol civil unrest.
IFCN Team Director Baybars Örsek told The Center Square in a phone interview that the bill is a “clear” violation of the First Amendment.
The IFCN ranges across 92 organizations and over six countries.
“We see attempts like this in different parts of the world, like in Thailand, Indonesia, India, but for the United States, it’s uncharted territory for a lawmaker to legislate fact-checking, which seems to be a clear violation of the First Amendment,” Örsek said.
Örsek said that Facebook’s fact-checking program prevents fact-checkers from checking political speech, so lawmakers are exempt from fact-checking.
“We need to do a better job communicating how fact-checking works, what fact-checkers do,” Örsek said, adding that fact-checkers aren’t agents of censorship but play a role in a new form of journalism.
“Fact-checking is an exercise of free speech and should be protected as promised by the First Amendment,” Örsek said.
David Keating, the president of the Washington-based Institute for Free Speech, said the bill was a “stupid idea” in a phone interview with The Center Square.
“The government isn’t in the business of licensing people who are publishing,” Keating said. “ That’s why we have the First Amendment.”
Keating said the bill was vague, including definitions of “affected party” and “wrongful conduct.”
“By definition, any website in the world appears in Michigan unless the organization somehow blocks it from propagating in Michigan,” Keating said. “So any organization that’s a member of the IFCN might wind up inadvertently violating this bill if it were to become law.”
Keating advocated for the sponsors to drop the bill, saying that fact-checkers aren’t censoring people but are only publishing their views on whether something is factual or not.
“Fact-checkers don’t have the power to censor,” Keating said. “The only person trying to violate the First Amendment are the sponsors of this bill, not the fact-checkers.”
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