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Lie to me: the First Amendment in US v. Alvarez

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5 Responses

  1. Howard Wasserman says:

    The last point is an interesting one: Is the answer some combination of: 1) There is direct harm; 2) It’s commercial speech; 3) If the state compels the speech, the problem with lying is not lying, but ignoring the state law compelling the speech.

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  4. Frank Pasquale says:

    It looks like the “right to lie” is catching on:

    http://jezebel.com/5922330/court-rules-in-favor-of-crisis-pregnancy-centers-right-to-lie-to-women

    Tushnet’s analysis of the implications for the Lanham Act is interesting:
    http://www.concurringopinions.com/archives/2007/10/the_right_to_li.html

  5. AndyK says:

    In reference to the above comment: there is a big difference between punishing false speech and compelling true speech.

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