Debiasing Through Law and the First Amendment

Abstract

Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First Amendment interest in ensuring that consumers are “well informed.” This Article brings an empirically dedicated perspective to such judicial analyses and provides a specific delineation—for three existing legally required visual communications—of data and tools that facilitate evidence-based assessment of the degree to which consumer perceptions are factually ac-curate in the presence versus the absence of such legally required visual communications.