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 courts will not consider it to be incitement. If you think the courts even might, you are woefully deficient in your understanding of case law. A key word in the Brandenburg standard is "imminent", and that makes the Brandenburg bar very high. Taking a crowd of antisemites to a Jewish neighborhood and telling them antisemitic creeds and how all Jews need to die doesn't meet that bar--but pointing to a Jew and saying "there's a Jew, get him" does.
Thinking SCOTUS might take a narrower view of free speech than its established precedent holds is not a winning bet. I'm not aware of a single case in my lifetime where SCOTUS ruled for more government restriction of speech rather than less, and this approach means taking a broader view of free speech than perhaps most people are willing to stomach (e.g., Citizens United).