Thirteen states have come to believe, quite reasonably, that government should also protect against those who knowingly made false claims about products, especially perishable foods. Public scares aren't innocuous. Bad news travels fast, and it can put people's jobs at risk if an industry is so hurt that it has to lay off workers. Laws forbidding intentional lies about products also prevent intentional misstatements from competitors, who have an economic interest in spreading such falsehoods. These laws can even help head off a destructive form of competition in the news media.
Nothing is more sensational than a scary account of risks from food. . . .
No one claims that states should be able to impose civil or criminal liability on a television program or newspaper simply because it gives false reports about products. Mere opinions are absolutely protected by the First Amendment, which allows room for any good-faith judgment. The free speech principle also allows for jokes, hyperbole and even negligence. But the Texas law is far more modest. It says that those who say what they know to be false must pay for the damage they have done.