High value lies, ugly truths, and the First Amendment

This Article argues that some lies -- what people call high value lies -- have instrumental value that advances the goals underlying freedom of speech. This Article is the first to consider the relationship between these high value lies and the First Amendment. In Part II, the authors explore the cu...

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Bibliographic Details
Published in:Vanderbilt law review 2015-11, Vol.68 (6), p.1435
Main Authors: Chen, Alan K, Marceau, Justin
Format: Article
Language:English
Subjects:
Access to information
Analysis
Criminalization
Deception
First Amendment-US
Freedom of speech
Investigations
Laws, regulations and rules
Lying
Values (Philosophy)
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Summary:This Article argues that some lies -- what people call high value lies -- have instrumental value that advances the goals underlying freedom of speech. This Article is the first to consider the relationship between these high value lies and the First Amendment. In Part II, the authors explore the current jurisprudence and scholarship about lying under the First Amendment. In Part III, they explore the interaction of the practical realities of lying and the theoretical underpinnings of the First Amendment. Next, they argue in Part IV that these lies affirmatively serve the purposes of free speech -- they promote democratic self-governance, enhance the search for broader truths, and facilitate speakers' autonomy and self-determination. Finally, in Part V, they build on this to show how Ag Gag laws and other government regulations of lying as part of undercover investigations ought to be evaluated within the framework of existing First Amendment doctrine.
ISSN:0042-2533
1942-9886