A group of Michigan Republican lawmakers is floating the idea of registering “fact checkers” with the state. The bill they’ve introduced flies in the face of the First Amendment, and they should ditch this dangerous and dumb idea.
The legislation, spearheaded by state Rep. Matt Maddock, R-Milford, isn’t likely to pass, but it’s troubling that any elected official thinks it’s acceptable for the government to interfere with the workings of a free press — one of the most treasured rights we have as Americans, and one that’s protected by the U.S. Constitution.
Maddock has been a leading voice among state Republicans who questioned the results of the 2020 election. Maddock’s wife, Meshawn Maddock, is co-chair of the Michigan Republican Party.
The bill, the “Fact Checker Registration Act,” defines a fact checker as someone who publishes in print or online in Michigan, is paid by a fact-checking organization and is a member of the International Fact Check Network. The network is an effort of the Poynter Institute, which helps train journalists and fact checkers in best practices.
Maddock envisions fact checkers having to file proof of a $1 million fidelity bond with the Secretary of State. That office would have to develop a process for registration.
Someone who believes they’ve been negatively affected by a fact checker could bring civil action in any district court. Fact checkers in violation of state registry requirements could be fined $1,000 a day.
“Social media companies deplatform people, politicians, and businesses on the basis of ‘fact checkers’ who relish their roles punishing those whom they deem ‘false,’” Maddock wrote on social media. ” … My legislation will put fact checkers on notice: Don’t be wrong, don’t be sloppy, and you better be right.”
Such rhetoric could help garner enthusiasm among Maddock’s Trump-loving base, but it’s not the job of the government to regulate what any journalist does in such sweeping fashion. Libel laws already exist to protect against the intentional spread of false information.
“Maddock’s bill is an unconstitutional trifecta,” said Len Niehoff, professor of First Amendment law at the University of Michigan Law School, in an email. “First, the requirement that certain fact checkers register with the state and post a $1 million bond is a prior restraint on speech that violates the First Amendment. Second, the bill is so unclear about when and to whom it applies that it violates the due process clause. And, finally, by singling out only certain fact checkers who the sponsor does not like, the bill also probably violates the equal protection clause.”
These issues come up occasionally. In 2013, a bipartisan group of legislators floated the idea of defining who constituted a reporter as part of a well-meaning bill to ward off ambulance-chasing lawyers following an accident. That language rightly got left out of the law, as it was too close to the concept of licensing journalists.
Maddock’s bill clearly seeks to intimidate the work of journalists in their pursuit of the truth by forcing fact checkers to register with the state. It’s an idea that needs to be quashed for good.
— The Detroit News