The U.S. Court of Appeals for the First Circuit has struck down a Puerto Rico law enacted during the coronavirus pandemic that criminalized the spread of so-called fake news during states of emergency. Writing in Lawfare, Ema Rose Schumer explained that the ruling reaffirms a core First Amendment principle: constitutional protections do not vanish when a government declares a crisis.
The court rejected the idea that false statements during an emergency can be met with criminal penalties. Instead, Schumer noted, the decision points to counter-speech as the preferred constitutional remedy for lies. That means the government's proper response to disinformation is more speech and open debate, not prosecutions.
The ruling serves as a reminder that even well-intentioned emergency measures must respect longstanding free speech limits. It also provides a legal reference point for other jurisdictions considering how to address misinformation without running afoul of the Constitution.