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Balkinization
Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Good-enough interventions
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Friday, December 18, 2020
Good-enough interventions
Guest Blogger
From the Workshop on “News and Information Disorder in the 2020 US Presidential Election.” Lisa K. Fazio We
live in a culture where the truth has been devalued — where politicians who repeat falsehoods win
elections, where lies spread further and faster than the truth, and where
misinformation, conspiracy theories, and junk science run rampant on YouTube,
Facebook, Twitter, and many other online spaces. This
is a huge problem. And an overwhelming one. It’s often easier to simply
document the problem, wring our hands about how difficult it is to solve, and
do nothing. In fact, over the past few years, as researchers and the media have
done a lot to document the problem, social media companies and politicians have
done very little to solve it. Twitter
and Facebook’s actions during the recent U.S. election of more aggressively
labeling false claims, promoting quality news sources, and preemptively
debunking voter misinformation are great first steps. But many of the
interventions are being removed after the
election, and there’s a complete lack of transparency. Overall, social media
companies are still allowing, and in some cases encouraging, the spread of
false information on their platforms. The
good news is that simple, easy-to-implement solutions can help solve this
problem. The issue is that none of them, on their own, will fix it. Instead of
holding out for the perfect solution, we need to start implementing numerous
small changes to our political system, social media platforms, and our own
behavior. We need to start implementing “good-enough interventions.” Rather
than viewing misinformation solutions as walls and barricades, we should start
viewing them as Swiss cheese. Any individual solution will have holes and weak
spots, but by stacking multiple interventions on top of each other we can
prevent the spread of misinformation. During the current COVID-19 pandemic,
public health experts have encouraged this metaphor of disease prevention. Actions
such as hand washing, wearing masks, and keeping physical distance are all
flawed and no single precaution is 100% effective; all the slices of cheese
have holes. However, the more slices of cheese, the less likely there will be a
hole through the entire stack. By stacking multiple interventions we can
achieve excellent protection. Take
the problem of lying politicians. Spouting untruths is an ingrained feature of
the trade. But, it turns out that fact-checking organizations can be effective
at curtailing it. Fact-checking organizations such as PolitiFact have many
roles, including informing the public about what’s true or false. But their
most important role is to provide a check against politicians and to encourage
them to be truthful. The
threat of fact-checking can change politicians’ behaviors. In one study, a random selection of U.S.
state legislators across nine states were sent a series of letters reminding
them that their campaign was being fact-checked and of the possible
reputational and electoral consequences of their questionable claims being
exposed. Legislators who received the letters were less likely to make false
claims during their campaigns. However,
this process only works when there are consequences to being proven wrong. Recent studies in the
U.S.
have shown that those consequences are often missing. When people read fact-checks
that contradicted politicians’ statements, the fact-check helped to correct
false beliefs, but it didn’t alter readers’ attitudes towards the politician or
their voting intentions. This
isn’t a universal quirk, however: When Australian voters are presented with similar
evidence, they decrease their belief in the false statement and reduce their
support of the politician. There are many differences between the U.S. and
Australia political system, but these results suggest deep flaws in the U.S.
system. Due to our winner-takes-all system and strong political polarization,
it is currently preferable to vote for a liar than to vote for the other party.
Electoral changes such as ranked voting may help to increase voters’ choices
and improve politicians’ accountability to the truth. Results
such as these make it easy to think that the public does not value accurate
information. But that is not the case. The
public does value accuracy and truth in the abstract. In a 2017 poll, only 18%
of U.S. adults agreed with the statement “Truth is overrated, lying is the
American way.” And people consciously shape their media intake to avoid lies
and misinformation. Half of the social media news consumers in a 2019 Pew
survey reported that they had stopped following a person because they were
posting “made-up news and information.” The
problem is that when we first hear a claim, we often rely on our emotions and
how it makes us feel, rather than our prior knowledge and how we know whether
the information is true. Thus, the posts that are most likely to spread on
social media are those that are emotionally arousing. In
particular, messages that contain emotional words with a moral implication
(fight, war, greed, evil, punish, shame, etc.) spread further than messages on
similar topics without those words. Across three studies, adding a single
moral-emotional word to a tweet increased its expected retweet rate by 20%. But
it doesn’t have to be this way. Companies can help promote information that is
useful, informative, and accurate, rather than just information that makes us
feel good or bad. Think of how Amazon reviews include a “helpful” button to
indicate which reviews are most useful and imagine a similar feature for
YouTube videos. Rather than simply marking whether they “liked” or “disliked”
videos, viewers could rate the accuracy of the information and those ratings
could guide the recommendation algorithm. Similarly,
platforms can encourage users to think about the accuracy of what they are
posting. When we rely on our gut feelings, we are likely to judge truth based
on unreliable signals such as how many times we’ve heard the claim. However,
numerous research studies have shown that when people pause and think about the
accuracy of what they’re reading, they are better able to notice
false headlines, less likely to share
false information, and be less impacted by the
effects of repetition. Simple
prompts such as “Are you sure this is true?” that pop up when users try to
share a post, may be effective in reducing the spread of false information.
Instagram has been implementing a similar intervention aimed at reducing cyberbullying. When users post something
that the platform thinks might be harmful or offensive, the user sees a pop-up
asking, “Are you sure you want to post this?” A similar friction prompt from Twitter increased the proportion of
users who opened articles before retweeting them by 33%. Valuing
accuracy can also help spread truthful information on social media. Many people
avoid correcting false information that is posted on social media because they
don’t believe that their correction will change the opinion of the original
poster. However, those corrections serve a powerful secondary purpose. While
they may not be helpful to the original poster, research has demonstrated that
they are helpful for other observers who view the interaction. These user corrections are
particularly effective when they link to an expert source such as the CDC or the American
Medical Association. So, while you might not change the mind of your cranky
uncle, by responding with accurate information you will help inform other
family members who view the interaction. Lisa K. Fazio is an assistant professor of psychology and human development at Vanderbilt University. Cross posted at the Knight Foundation
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Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020)
Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020)
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).
Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020)
Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020)
Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020)
Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019)
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Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
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Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
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Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
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Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
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Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
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Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
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Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
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