The question with fake news becomes: what is the damage that this type of speech causes to the public? This is a really difficult question to answer, especially since we're only starting to notice the effects on our political system. If this damage is too great, there would be justification to restrict it in the public interest.
Of course, the people who end up making these determinations may also have conflicting political incentives, which makes this a very delicate situation to tackle in as broken of a political environment as we have in the US.