<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The first amendment does not protect all speech. Should it protect lies? Some argue that the state should intervene to prevent and punish lying because the people are insufficiently rational (they are too emotional, and, therefore vulnerable) or excessively rational (they find it too costly to investigate claims and are, therefore, vulnerable). Others retort that state officials are not neutral or objective, but have their own interests to advance and protect, and, therefore, cannot be trusted. Though certain kinds of lying, like fraud and perjury, are clearly not protected speech, courts have recently seemed sympathetic to the view that the proper response to lying is not government action, but the workings of the marketplace of ideas. The distinguished economist, Ronald Coase, has taken this argument much farther, applying it to commercial speech, but thus far his views have not prevailed.</p></abstract>

The first amendment does not protect all speech. Should it protect lies? Some argue that the state should intervene to prevent and punish lying because the people are insufficiently rational (they are too emotional, and, therefore vulnerable) or excessively rational (they find it too costly to investigate claims and are, therefore, vulnerable). Others retort that state officials are not neutral or objective, but have their own interests to advance and protect, and, therefore, cannot be trusted. Though certain kinds of lying, like fraud and perjury, are clearly not protected speech, courts have recently seemed sympathetic to the view that the proper response to lying is not government action, but the workings of the marketplace of ideas. The distinguished economist, Ronald Coase, has taken this argument much farther, applying it to commercial speech, but thus far his views have not prevailed.

Lying and the First Amendment

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Lying and the First Amendment"}

The first amendment does not protect all speech. Should it protect lies? Some argue that the state should intervene to prevent and punish lying because the...

Lying and the First Amendment

Published Online: Dec 31, 2018

Page range: 401 - 423

DOI: https://doi.org/10.2478/bjals-2018-0007

Keywords
First Amendment, Lying, Supreme Court

© 2018 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Lying and the First Amendment

Published Online: Dec 31, 2018

Page range: 401 - 423

DOI: https://doi.org/10.2478/bjals-2018-0007

KeywordsFirst Amendment, Lying, Supreme Court

© 2018 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
First Amendment, Lying, Supreme Court