Regulating Government Statements Regarding Disinformation on Social Media

Authors

Michael J. Marando

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Article

Abstract

The United States saw in the 2016 presidential election how Russia used social media to spread disinformation. Russia engaged in similar conduct during the lead-up to its full-scale invasion of Ukraine in 2022 and, most recently, during the days before the 2024 U.S. presidential election. An interesting development, however, has been the U.S. government’s issuance of public statements countering these disinformation attempts. This Article argues that such public statements are quite helpful, both in countering the disinformation and allowing social media companies to legitimately enforce their content. However, these types of statements pose risks and, at the extreme, could be weaponized by nefarious government actors. This Article examines the benefits and drawbacks of these statements and what Congress can do to ensure that agencies continue making these statements while protecting the public from government overreach.

Recommended Citation

Michael J. Marando, Regulating Government Statements Regarding Disinformation on Social Media, 62 San Diego L. Rev. 587 (2025).
Available at: https://digital.sandiego.edu/sdlr/vol62/iss3/4