Case 1: I have a blog that takes a conspiracy-level, anti-tax position. In it, I say crazy things like, “The IRS is illegitimate and financial records are unnecessary.” From reading this, someone shreds all their financial documents. As far as I can tell, the blog is perfectly legal under the First Amendment.
Case 2: I am an open source maintainer of a home assistant program. It includes personal file management. Due to a bug in the software, an end-user’s financial documents are deleted.
The easiest distinction is that the conspiracy reader is taking an affirmative act of destroying their own documents. But, I think that’s less different than at first glance. The software user is setting up a computer system based on an open source program that may have bugs in it, and that causes a loss of data. The conspiracy reader is setting up a worldview based on information that may have bugs in it, and that causes a loss of data.
Why would the software bug be regulated, but the conspiracy falsehood not?