Disinformation

Today, in a ruling that likely comes too late to hold a trial prior to the election, the U.S. Supreme Court in Trump v. United States found that presidents are immune from prosecution for actions within their conclusive and preclusive constitutional authority, and are presumptively immune from prosecution for official acts and returned the case to the district court. Common Cause’s brief in the case had urged the High Court to rule expeditiously, citing previous cases – including United States v. Nixon and Bush v. Gore – where the Justices acted quickly when the presidency was at stake and the public interest demanded speed.

Today, the U.S. Supreme Court struck down an injunction barring the White House and other government agencies from communicating with and encouraging social media platforms to curb the spread of mis- and disinformation. The injunction also limited the government’s ability to communicate with civil society groups to limit disinformation online. The case stemmed from government outreach to the platforms about the dangerous spread of mis- and disinformation about COVID-19 and vaccines during the pandemic.

Advocacy groups including Common Cause weighed in with support for the FCC proposal. “This rulemaking is welcome news as the use of deceptive AI and deepfakes threaten our democracy and is already being used to erode trust in our institutions and our elections,” Common Cause media and democracy program director Ishan Mehta said in a statement. “We have seen the impact of AI in politics in the form of primary ads using AI voices and images, and in robocalls during the primary in New Hampshire.” Mehta added, “We urge Congress and other agencies like the Federal Election Commission to follow the FCC’s lead and take proactive steps to protect our democracy from very serious threat posed by AI.”

Quentin Turner, executive director of Common Cause Michigan, a voting rights group, said recounts are handled by election administrators who lack the authority to investigate criminal fraud. "Voter fraud is a crime and investigations into crime can only be done by law enforcement," Turner said.

“It’s absurd to spend this money on this when elections in Texas especially are just so chronically underfunded,” said Anthony Guitierrez, executive director of Common Cause Texas, a nonpartisan voter advocacy and government watchdog organization. “They could have used this funding for the election staff who are overworked and underpaid everywhere in Texas. It could be spent on election infrastructure so that voters have a more efficient voting experience, or on public outreach.”

With 2024 congressional races in full swing, Common Cause is again tracking the positions of every Member of Congress on issues vital to the health of our democracy. For the fifth cycle in a row, Members of the House and Senate have received letters from Common Cause asking them to co-sponsor and support up to ten democracy reform bills. The letters inform Members that their voting and co-sponsorship record will be published in Common Cause’s “Democracy Scorecard,” which will be distributed to the organization’s 1.5 million members, as well as to state and national media, during the lead-up to Election Day.