Judging what is and is not misinformation must always be in the hands of the people. Never the hands of authorities whether those be government or corporate. Why must fight all censorship. Because once you allow "a thing" to be censored, it becomes possible to censor "any thing". Things in the past which were labeled misinformation and would have been suppressed for even longer (or forever) under current social attit…
It's so far been in the hands of the courts, and like you said, they don't determine what's free speech based on whether something makes us feel bad. Per bhupy, their specific criteria is whether the speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action". If the misinformation on certain media outlets is considered by the courts to have incited the insurre…
The legal standard for "inciting or producing imminent lawless action" is given by Brandenburg v. Ohio. In that case, which upheld speech openly advocating for violence against specific groups to be protected speech. It overturned an Ohio law that had been directed against communists who "advocated the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform." Brandenburg was a 9-0 Warren court decision.
Courts will not uphold anything that has been said about the election as outside the boundaries of free speech, under Brandenburg.