In a recent statement, Gene Hamilton, Vice President and General Counsel of America First Legal, expressed concern over the Massachusetts Attorney General's Office treating "misinformation and disinformation" as legitimate law enforcement matters. Hamilton suggests that this approach poses a severe threat to the First Amendment. He questions whether the attorney general's office is attempting to hide damaging emails and documents that reveal their desire to censor American speech or if they have a fundamental misunderstanding of the protections provided by the First Amendment.
To address the issue, America First Legal has submitted a new Freedom of Information Act (FOIA) request to the Massachusetts Attorney General's Office. The request seeks records that identify the existence and number of law enforcement investigations related to "misinformation" or "disinformation" from March 31, 2020, to September 8, 2023. According to Massachusetts Public Records Law, a response must be provided within 10 days, with an explanation if it takes longer to access the requested records.
This FOIA request follows a previous investigation and FOIA request issued by America First Legal on August 16, 2023. The previous request targeted 12 state attorneys general regarding a letter they wrote, along with CEOs of Twitter and Facebook, urging the censorship of American citizens in collaboration with the UK-based organization, the Center for Countering Digital Hate. The attorneys general called on Twitter and Facebook to enforce their guidelines against vaccine misinformation, emphasizing the potential health risks associated with spreading false information about COVID vaccines.
America First Legal highlights that the Massachusetts Attorney General's Office has denied providing documents in response to their previous FOIA request. The office cites the documents as intra-agency and inter-agency communications, involving discussions on how public inquiries and statements should be handled. They argue that releasing these records would hinder the ongoing policy-making process and inhibit the candid thinking necessary for reasoned and legally defensible courses of action.
The concerns raised by Gene Hamilton and America First Legal shed light on the potential consequences of treating misinformation and disinformation as law enforcement matters. It raises questions about the balance between protecting the public from false information and upholding First Amendment rights. As the FOIA request progresses, the outcome will determine the extent to which these concerns are addressed and whether they have any validity in protecting freedom of speech.
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