Muting the Liars: A Democratic Response to Disinformation

Disinformation poses a serious threat to democracy, yet regulating it risks infringing on freedom of speech. This article defends the democratic legitimacy of regulating disinformation by distinguishing it from two similar forms of speech: ‘false opinion’ and ‘toxic persuasion’. I argue that disinformation, as deliberate falsehoods intended to manipulate citizens’ political judgment, does not merit protection. Regulation, on this account, is normatively legitimate and desirable when it safeguards citizens’ ability to function as meaningful decision makers in the democratic common world. I then propose a dual-track model to identify removable content. Paired with regular review, transparency obligations, and an appeal process, this framework offers principles that help democracies to balance between protecting expressive freedom and resisting disinformation.