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Balkinization Symposiums: A Continuing List                                                                E-mail: 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 Misinformation research, four years later
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Wednesday, December 16, 2020
Misinformation research, four years later
Guest Blogger
From the Workshop on “News and Information Disorder in the 2020 US Presidential Election,” Andy Guess The shock of Donald Trump’s unprecedented
election corresponded to a flurry of activity among researchers, civil society
groups, and foundations to understand what they missed about social media’s
role in fostering a degraded information ecosystem. The result was a surge of
research about various forms of misinformation, which went hand in hand with
increased scrutiny of social platforms. Since that time, an extraordinary amount of
effort went into preparations to avoid a repeat of the surprises of 2016. Meanwhile,
the pandemic provided the additional challenge of combating rampant
misinformation about the virus during a time of uncertainty around a constantly
evolving global health threat. A somewhat surprising result of all this has
been a willingness by platforms to employ increasingly aggressive tactics
designed to reduce the spread of misleading content, such as claims of voter
fraud and vaccine skepticism. At the same time, a number of anticipated threats
— major foreign influence operations, deepfakes — did not seem to emerge. Now that the election has passed and efforts to
subvert the outcome have failed, where does all this leave misinformation
researchers? Before offering some possible answers, I will begin with a quick
overview of how I think scholars responded to newly salient questions about the
role of online misinformation in political behavior over the past four years. There were several strands in the emerging
literature. First, researchers asked, what is the prevalence of online misinformation — who sees what, and when? Who
shares fake news? There were basic descriptive questions about the extent to
which fake news suffused the larger information environment in 2016 and beyond;
whether exposure to misinformation and dissemination were related; and, at the
individual level, whether people in certain groups or with certain traits or
characteristics are more susceptible to online misinformation. These studies
emphasize that fake news tends to reach a limited but highly polarized segment
of the population, and that people are more likely to see and engage with
congenial misinformation. Older people (especially age 65 and over) also appear
to both encounter and share more online fake news. Second, preexisting research literature examines
the effectiveness of fact-checking on misperceptions adapted to the specific
forms that misinformation takes on social media, as well as specific kinds of
interventions used by platforms. These studies ask, are people receptive to
factual information? What are the most effective ways of counteracting
misinformation? Under which conditions do people resist corrections? Generally
speaking, these studies find that people update factual beliefs according to
the information they are presented, even if this rarely changes attitudes about
political figures or parties. Moreover, genuine instances of “backfire” — in
which people resist corrective information to such an extent that it actually
strengthens their prior misperceptions — appear to be rare. In the context of
social media, this suggests that warning labels attached to content from fake
news purveyors, and prominent notices about fact checks of questionable claims,
are likely effective, though the magnitude is modest. A lot of this work occurred in a kind of
dialogue with researchers at the platforms who were concurrently developing and
testing solutions of their own. This can be seen in the way that flags for
disputed sources and the design of fact checks were sometimes justified by
references to external scholarly research, which in turn has been inspired by
the platforms’ activities. Third, researchers across social science
disciplines have sought to explore the underpinnings of belief and sharing of
fake news on social media. Looking beyond the specific circumstances of social
media during a contentious election season in a polarized electorate, what
cognitive or other tendencies underlie these phenomena? The answers differ
somewhat depending on the outcome of interest (belief or sharing), but the list
of suspects includes motivated reasoning driven by partisan animosity;
tendencies toward cognitive reflection; digital literacy or skills correlated
with age; and social influence. Ultimately, these research strands have
succeeded in providing descriptive and causal evidence on the scope of the
misinformation problem and the kinds of relatively modest interventions that
platforms could use to improve the quality of their feeds. In large part, the
questions analysts focus on are a function of what is feasible in terms of data
availability, research design, and ethics. As a result, there are plenty of
concerns about the generalizability of this research (across platforms,
countries, and time), as well as its scope. In particular, two critiques have
been leveled at mainstream misinformation research. The first is that it fails
to challenge the dominant business model of social platforms, which is premised
on maximizing engagement. The second is that it often, but not always,
abstracts away from the asymmetrically polarized political system and the
larger partisan media ecosystem. Meanwhile, platforms this year started rolling
out efforts that haven’t for the most part been the focus of existing research:
banning ads, adding “frictions,” reducing the reach of (or taking down
entirely) misleading posts, and signal-boosting quality information around the
elections and COVID-19. Although we lack reproducible evidence, these efforts
likely had a large impact. From public reports, it seems that even Facebook’s relatively
light-touch informational labels on false claims about the election reduced
reshares of posts by 8%, while Twitter’s nudge-like prompts resulted in a
claimed 29% reduction in quote tweets of disputed claims. Even the 8% figure
would be considered a large-effect size for most social science studies of
interventions to reduce the spread of online misinformation. In other words,
some of the most promising and aggressive approaches now being actively used by
platforms — such as downranking content via algorithms and
adding frictions or nudges — haven’t been systematically tested by independent
researchers. These developments should prompt reflection
about the best way forward for research on misinformation. I’ll focus on
fact-checking research for now, since it is a prominent element of both social
media companies’ and news organizations’ efforts to counteract misinformation,
and I also continue to do work in this area. Fact checks are an important part of the toolkit
for confronting misinformation, and we should continue to advocate for their
use by social media companies in partnership with professional fact-checking
organizations. At the same time, we should acknowledge the limitations of this
approach due to issues of scale and the lack of consistent ground truth.
Ultimately, fact-checking is a mainstream journalistic practice that was never
designed to solve platform-wide content moderation problems. Furthermore, a surprising amount of what
observers consider to be objectionable content isn’t subject to factual
verification. Take the claims of voter fraud surrounding the 2020 U.S.
election. Before any assertions were challenged in court, they were literally
unverifiable, meaning that content policies warning users about election
misinformation were justified on other grounds. For example, in explaining its
decision to remove the “Stop the Steal” group, Facebook referred not to online
falsehoods or even encouraging violence but to “delegitimization of the
election process.” A promising way forward for tractable research
that could have outside policy impact on the way platforms operate is to
increase focus on relatively low-effort nudges, primes, and skills modules that
provide people with tools and competencies that can help them navigate their
information feeds. These can range from priming people to focus on accuracy
concerns to designing digital literacy interventions that have lasting effect.
Despite their promise, however, there remains a large gap between claims about
this kind of training and evidence about its effectiveness. While nudges and primes are not in themselves a
comprehensive policy prescription, I think it does suggest that misinformation
research should avoid an excessive focus on existing policy options, since we
have seen that these can quickly change. A continually moving target means that
the temporal validity of research on efforts to counteract misinformation may
be low. One response is to double down on basic research of the kind that is
already underway: understanding both the individual and structural factors
combining to produce a state of information disorder. Some of these structural
factors may be related to technological developments and the features of social
platforms (such as algorithms). But not all of them will be, and this suggests
that an integrated approach may be fruitful. It may also be time to move beyond the
dichotomies that we’re used to — information/misinformation, fake/real,
low-quality/high-quality — and instead ask how to affirm certain values. To
start, some places could promote values such as democratic citizenship and
healthy communities, but other values may appeal to different platforms in
different parts of the world. These ways forward are not without their own
potential pitfalls. Doing basic research on the impact of social media and how
to translate democratic values into concrete affordances and moderation
approaches may increase the returns to collaboration with the platforms
themselves, raising complex questions about privacy, ethics, and independence.
Fortunately, the past four years have been a time of innovation on this front
as well. A major challenge for the future will be to maintain the ability to
think outside the box in terms of possible solutions, while also collaborating
with private industry when possible in order to move forward our understanding
of basic questions around the causes and consequences of misinformation,
broadly speaking. Andy Guess is an assistant professor of politics and public affairs at Princeton University. Cross posted at the Knight Foundation
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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 Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) 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) Stephen M. 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