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Where's the Harm?: Free Speech and the Regulation of Lies

Lyrissa Barnett Lidsky
University of Florida - Levin College of Law



Washington and Lee Law Review, Vol. 65, p. 1091, 2008

Abstract:     
Why does the First Amendment accord a measure of protection to lies? 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 typically has acknowledged. The essay also probes the potential unintended consequences of government attempts to punish lies.

Keywords: First Amendment, Holocaust denial, lies, opinion, verfiability, falsity

Accepted Paper Series

Date posted: May 01, 2009 ; Last revised: November 23, 2009

Suggested Citation

Lidsky, Lyrissa Barnett, Where's the Harm?: Free Speech and the Regulation of Lies (May 1, 2009). Washington and Lee Law Review, Vol. 65, p. 1091, 2008. Available at SSRN: http://ssrn.com/abstract=1397611


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Contact Information

Lyrissa Barnett Lidsky (Contact Author)
University of Florida - Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
352.392.2211 (Phone)
352.392.3005 (Fax)
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