Hillary Clinton's recent comments, in which she suggested that Americans spreading propaganda could face civil or criminal penalties, have sparked a debate about potential conflicts with the First Amendment. The First Amendment protects freedom of speech, including political speech and the dissemination of information, even if it is controversial or false, as long as it does not incite violence or constitute other unlawful acts (like defamation or threats). What she is seeking to do is criminalize people for voicing their dissent of the government and their policies, claiming mis/dis/malinformation should punished.
Clinton's remarks, which some interpret as calling for penalties against those spreading misinformation, could be seen as problematic under First Amendment protections. However, she appears to focus on disinformation or propaganda with the intent to interfere in elections or harm political processes. Legal experts typically agree that while the government can regulate speech that poses a clear and present danger (e.g., inciting violence), political speech enjoys broad protection under the First Amendment.
Ironically, Hillary Clinton's campaign and the Democratic National Committee (DNC) played a key role in funding the research that led to the infamous Steele dossier, which was compiled by former British intelligence officer Christopher Steele. Some of Steele's information was sourced from individuals connected to Russia, raising concerns about the foreign influence involved in its creation. This dossier became a focal point of the FBI's investigation into alleged collusion between the Trump campaign and Russia during the 2016 election. Russia-gate was the brainstorm of Hillary's own propaganda campaign to delegitimize Trump. So this begs the question, why would it be acceptable for her and the DNC to spread propaganda while simultaneously criminalizing others for operating under subjective opinions? What she did was finace a hoax designed to defame a political opponent, ruin his business, and personal life, as well as his family.
Elon Musk owner of X decided to chime in on the topic claiming the “Steele Dossier” scam was next-level election interference.
Criminalizing or imposing civil penalties on Americans for spreading what is perceived as "propaganda" could lead to a slippery slope, where political dissent or unpopular views might be suppressed. The key issue is how “propaganda” would be defined and whether such measures would be applied fairly without infringing on constitutional rights. This depends upon who gets to define it.
Douglas Mackey was jailed for sharing a joke meme about texting in a vote. While any reasonable person understands that you can not text your vote, the DOJ decided that he intended to to deprive individuals of their constitutional right to vote. Mackey faces 10 years for a joke.
In short, while Clinton’s comments raise concerns about the limits of free speech, any attempt to impose penalties for spreading propaganda would face significant legal challenges under the First Amendment