This talk will discuss how disinformation, the intentional spread of false claims to advance an agenda, is harming American society. Technology, such as social media, podcasting, and encrypted messaging apps like WhatsApp, amplifies disinformation, and its cousin, misinformation, which is the unwitting spread of false claims.
First, disinformation is harming democracy. Free and fair elections have been cast in doubt by baseless claims of election fraud, not only in the 2020 presidential election, but in the Arizona race for governor. Refusal to concede threatens to become a perpetual state of politics, eroding the legitimacy of our elected leaders.
Second, disinformation is harming our national security by giving cover to domestic violent extremists and anti-democratic forces around the world. Disinformation is sparking threats and harassment against local public officials, such as school board members, election workers, and public health officials. Disinformation is also leading to political violence against national figures of both parties, such as the shooting of GOP Rep. Steve Scalise at the congressional baseball practice, and the hammer attack on the husband of Democratic House Speaker Nancy Pelosi. Globally, enemies of democracy point to our recent elections has evidence that democracy is a failed form of government, leading to democratic backsliding around the world and damaging the western alliance.
Third, disinformation threatens the rule of law, the notion disputes are decided by law, not by force, and that the law applies equally to everyone. The opposite of the rule of law is vigilante justice. The men who killed Ahmaud Arbery on a road in rural Georgia, Kyle Rittenhouse, the teen who shot three men during civil unrest in Kenosha, Wisconsin, and the Oath Keepers, the self-proclaimed militia group that stormed the Capitol on Jan. 6, were all violating the rule of law when they took the law into their own hands.
To combat the harms of disinformation, we must look at solutions that will strengthen our resilience. Regulation of social media, digital literacy for students and adults, and a commitment by citizens to engage in respectful social discourse can all help beat back this threat to American institutions.
Professor from Practice
University of Michigan Law School
Professor Barbara L. McQuade, BA '87, JD '91, is a professor from practice. Her interests include criminal law, criminal procedure, national security, data privacy, and civil rights. From 2010 to 2017, McQuade served as the U.S attorney for the Eastern District of Michigan. Appointed by President Barack Obama, she was the first woman to serve in her position.
McQuade also served as vice chair of the Attorney General's Advisory Committee and co-chaired its Terrorism and National Security Subcommittee. As U.S. attorney, she oversaw cases involving public corruption, terrorism, corporate fraud, theft of trade secrets, civil rights, and health care fraud, among others. She also serves as a legal analyst for NBC News and MSNBC. Her work has appeared in The Washington Post, Foreign Policy, Lawfare, Just Security, Slate, and National Public Radio, and she has been quoted in The New York Times, Time, Newsweek, Politico, and other publications.
Before becoming U.S. attorney, McQuade served as an assistant U.S. attorney in Detroit for 12 years, serving as deputy chief of the National Security Unit, where she handled cases involving terrorism financing, export violations, threats, and foreign agents. She began her career practicing law at the firm of Butzel Long in Detroit. McQuade previously taught at the University of Detroit Mercy School of Law.
McQuade has been recognized by the Detroit Free Press with the Neal Shine Award for Exemplary Regional Leadership, The Detroit News with the Michiganian of the Year Award, Crain's Detroit Business as a Newsmaker of the Year and one of Detroit's Most Influential Women, the Detroit Branch of the National Association for the Advancement of Colored People and Arab American Civil Rights League with their Tribute to Justice Award, and the Council on Legal Education Opportunity with their Diversity Award.