Gather round, here’s a Twitter thread version of the research paper I’ve been working on forever. It involves the intersects of disaster doctrine, disinformation, and First Amendment. 1/

First, let’s lay a little groundwork. Here are three fundamental liberty interests to bear in mind. These are found in Dec. of Independence, Bill of Rights, UN’s Universal Dec. of Human Rights, and U.S. case law. 2/

1. Right to life
2. Freedom of speech
3. As an extension of free speech, the freedom to access information

Also an extension of 1A, the internet is core to free speech. 3/

Next, we talk about disinformation. The difference between dis- and misinformation is intent. This paper talks strictly about intentional disinformation on the internet. Thus, digital disinformation. 4/

Re digital disinformation, it kills the marketplace of ideas -- and people, especially during times of crisis and disasters. Tech algorithms prioritize revenue (via engagement). These algorithms create the *illusion* of free speech, 5/

but really they are hindering speech by giving you what they want you to see (what makes money for them), and preventing your right to access information. 6/

I document many examples of people dying due to disinformation before turning to disasters. There are four phases of disaster mgmt: preparedness, response, recovery, and mitigation. There are also 3 disaster types classified by causality: accidental, natural, and intentional. 7/

During a declared disaster or emergency order, the Stafford Act, Public Health Svc Act, & Homeland Security Act creates a statutory duty for emergency managers to save lives & property. Right to life is the 1st thing I mentioned above. Well, #EMGTwitter has a DUTY to do that. 8/

On blue sky days, there is no guaranteed right that the government will protect your life. But during declared disasters, they are duty bound to try. Many emergency managers and FEMA employees take an oath to the Constitution, not unlike the military. 9/

So, now that we have the foundation: I'll personalize it a bit. During a declared disaster, you have a right to live, I have a duty to save you. But, the tech companies (through their manipulation of tech) are getting in my way. 10/

This is not unlike if I was trying to save you from a house fire, but a big crowd of people chanting false info stands between me and your house. 11/

Therefore, I think disinformation during declared disasters should not be protected speech under 1A. The limitations I propose are:
-based on the *intent* component of disinformation
(the test for this is a hybrid of clear & present danger, bad tendency, and true threats) 12/

-limited to the response & short-term recovery phase of the disaster
-limited to disinfo posted or shared on social media
- limited to disinfo related to the disaster or lifesaving operations 13/

-posted by a person whose target audience is located in the disaster warning area or could reasonably be foreseen to be seen by someone in that area

And this next part is key:
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- a marginalized person in the disaster area could reasonably be foreseen to see the information & reasonably be expected to act on the information.

I advocate for departure from the reasonable person standard & recommend a marginalized user standard here. Why? 15/

Those communities are most at risk during disasters.

Public information in disasters is designed to be understood at a 6th - 8th grade level, thus I think the legal standard in determining who could be expected to see it or act on it should match the objectives of PIOs. 16/

Sure, there are challenges to this proposal, and I discuss many of them in the paper.

Of note to lawyers and emergency managers is the upcoming collision course between liability, immunity, and the THIRA (threat index conducted by local and state governments). 17/

You see, once disinformation is listed in the THIRA, it shows that a threat exists AND that the govt knows it's a threat. If a known threat exists, there's a duty to mitigate (broadly speaking). How that affects tort claims against the state is another paper for another day. 18/

But there's my thesis on Digital Disinformation During Declared Disasters in a nutshell.

PS Internet speech isn't really *free* once the platforms control what you see and infringe on your freedom to access information.

Thanks for coming to my Ted Talk.
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