In the December 2022 interview, Walz seemingly referenced misinformation campaigns against mail-in ballots and other types of intimidation at the ballot box, saying, “Years ago it was the little things, telling people to vote the day after the election and we kind of brush them off. Now we know it's intimidation at the ballot box. It's undermining the idea that mail-in ballots aren’t legal. I think we need to push back on this. There’s no guarantee to free speech on misinformation or hate speech, and especially around our democracy.”
Right-wing media are now distorting Walz’s words, specifically emphasizing the last part of the statement, “there’s no guarantee to free speech,” and characterizing it as an “attack on [the] First Amendment,” ignoring longstanding federal and state law related to elections.
The federal government has long regulated and penalized certain types of misinformation about elections. One federal law makes it unlawful to “conspire to injure, oppress, threaten, or intimidate any person” exercising a constitutional or legal right, including the right to vote. Others prohibit conduct like giving false information in voter registration or voting, or voting more than once.
In 2023, right-wing social media personality Douglass Mackey, who Donald Trump Jr. has called the “original MAGA meme lord,” was convicted for conspiring to spread the false claim that people could vote for 2016 presidential candidate Hillary Clinton by text message, with U.S. Attorney Breon Peace saying that Mackey “weaponized disinformation in a dangerous scheme to stop targeted groups, including black and brown people and women, from participating in our democracy.”