This Comment discusses the modern era of fake news and why the law is unlikely to address its consequences.  It explains how fake news has been a problem since the early republic and describes our Founding Fathers’ unconstitutional attempt to regulate it.  This Comment then describes the high level of protection free speech has historically been afforded in the political context and how falsity does not deprive a statement of its First Amendment protections.  Finally, it elaborates on the phenomenon of false political speech—intentionally, knowingly false news designed to influence an election—and how lower courts have afforded such speech the same protection they afford traditional political speech.  This Comment presents potential ways in which false political speech might be constitutionally regulated to protect the sanctity of the democratic election process.

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