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this post was submitted on 02 May 2024
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Does this change anything? Hate speech is protected by the First Amendment.
The First Amendment only protects opinions, hence the defamation lawsuits being a thing. This law makes facts a violation of the law.
The way you win a defamation lawsuit is by proving what you're claiming is factually correct. I'm gonna need some sort of case law citation showing that what you're claiming was ever an established interpretation.
"The way you win a defamation lawsuit is by proving what you're claiming is factually correct" or a non-actionable opinion.
The law in question introduces definitions that are accepted as fact under the law.
So if you make up some BS and try to pedal it as fact, it is not protected speech. That doesn't make your lies facts, nor does it make them opinions. They're just lies.
EDIT: Before anyone tries to bring up lies being spread in other contexts, this is specifically in the context of defamation, and defamation is an established exception to what constitutes "free speech" under the First Amendment.