Where's the Harm?: Free Speech and the Regulation of Lies
Lyrissa Barnett Lidsky
University of Florida - Levin College of Law
May 1, 2009
Washington and Lee Law Review, Vol. 65, p. 1091, 2008
The United States Supreme Court has interpreted the First Amendment to accord a measure of protection to outright lies. This essay seeks to explain why. Using Holocaust denial as an example of verifiably false speech, this essay poses the question of whether such speech poses a more serious danger than First Amendment jurisprudence traditionally has acknowledged. This essay also probes the unintended consequences of governmental attempts to impose criminal punishment on lies.
Number of Pages in PDF File: 11
Keywords: First Amendment, Holocaust denial, lies, opinion, verfiability, falsityAccepted Paper Series
Date posted: May 1, 2009 ; Last revised: December 4, 2012
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