California Assemblyman Ed Chau introduced a bill (AB 1104) that according to its author “attacks the problem of ‘fake news’ by creating a new state law designed to make it illegal for someone to make false or deceptive statements about a candidate or measure on the ballot”: Specifically, the bill would amend the Elections Code to provide:
It is unlawful for a person to knowingly and willingly make, publish or circulate on an Internet Web site, or cause to be made, published, or circulated in any writing posted on an Internet Web site, a false or deceptive statement designed to influence the vote on either of the following:
(a) Any issue submitted to voters at an election.
(b) Any candidate for election to public office.
Fake news may seem to be a creature of the internet, but legislatures have been attempting to criminalize speech since the colonial times. The New Hampshire General Assembly adopted the following prohibition on false news in 1680 (original spelling):
It is inacted by this Assembly, c., That wt pson soever, being 16 yeares of age, or upward, shall wittingly or willingly make or publish any lie wch may be tending to ye damage or hurt of any pticular pson, or wth intent to deceive and abuse the people with false news or reports, shall be fined for every such defalt 10s., and if ye ptie cannot or will not pay ye fine, then he shall sit in ye stocks as long as the court shall think meete; and if the offenders shall come to any one of councill aforesd to execute ye law upon him where he liveth, and spare his appearance at ye Court, but in case when ye lie is greatly prnitious to ye comon weale, it shall be more sevearly...
