"The U.S. Constitution protects free speech; however, it does not necessarily protect deceptive speech coupled with harmful action. This distinction potentially removes barriers to accountability for social media platforms that fail to address misinformation. Laws could require procedural safeguards and reporting about misinformation without censoring speech or treating Facebook or Google like a publisher."
More questions than answers here but this article has some useful distinctions to think about including this idea that harmful action that includes speech is not protected.
Science