Now, some of the more blatant and criminal speech, such as calling smokers "murderers", may not be protected. But, this may just lead to the stifling of more speech.
But isn't that the purpose of defamation laws? If you cause someone harm by defamatory speech, you must desist and/or pay a consequence?
It just occurred to me, though, that there might be great difficulty in proving harm; I'm not sure how it would be quantified.
In Maine there is this statute which sounds interesting:
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS §451 - §457
§456. Tampering with public records or information
1. A person is guilty of tampering with public records or information if he:
A. Knowingly makes a false entry in, or false alteration of any record, document or thing belonging to, or received or kept by the government, or required by law to be kept by others for the information of the government; or [1975, c. 499, § 1 (new).]
B. Presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part of information or records referred to in subsection 1, paragraph A; or [1975, c. 499, § 1 (new).]
C. Intentionally destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or thing, knowing that he lacks authority to do so. [1975, c. 499, § 1 (new).] [1975, c. 499, § 1 (new).]
2. Tampering with public records or information is a Class D crime. [1975, c. 499, § 1 (new).]
Sounds like section B could be used against every lying Health Department in the state.