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A Right to Lie?: Presidents, Other Liars, and the First Amendment
In A Right to Lie? , legal scholar Catherine J. Ross addresses the urgent issue of whether the nation's highest officers, including the president, have a right to lie under the Speech Clause, no matter what damage their falsehoods cause. Does freedom of expression protect even factual falsehoods? If so, are lies by candidates and public officials protected? And is there a constitutional path, without violating the First Amendment, to stop a president whose persistent lies endanger our lives and our democracy?
Perhaps counter-intuitively, the general answer to each question is "yes." Drawing from dramatic court cases about defamers, proponents of birtherism, braggarts, and office holders, Ross reveals the almost insurmountable constitutional and practical obstacles to legal efforts to rein in public deception. She explains the rules that govern the treatment of lies, while also demonstrating the incalculable damage presidential mendacity may lead to, as revealed in President Trump's lies about the COVID-19 pandemic and the legitimacy of the 2020 election.
Falsehoods have been at issue in every presidential impeachment proceeding from Nixon to Trump. But, until now, no one has analyzed why public lies might be impeachable offenses, and whether the First Amendment would provide a defense. Noting that speech by public employees does not receive the same First Amendment protection as the speech of ordinary citizens, Ross proposes the constitutionally viable solution of treating presidents as public employees who work for the people. Charged with oversight of the Executive, Congress may—and should—put future presidents on notice that material lies to the public on substantial matters will be deemed a "high crime and misdemeanor" subject to censure and even impeachment. A Right to Lie? explains how this approach could work if the political will were in place.
Perhaps counter-intuitively, the general answer to each question is "yes." Drawing from dramatic court cases about defamers, proponents of birtherism, braggarts, and office holders, Ross reveals the almost insurmountable constitutional and practical obstacles to legal efforts to rein in public deception. She explains the rules that govern the treatment of lies, while also demonstrating the incalculable damage presidential mendacity may lead to, as revealed in President Trump's lies about the COVID-19 pandemic and the legitimacy of the 2020 election.
Falsehoods have been at issue in every presidential impeachment proceeding from Nixon to Trump. But, until now, no one has analyzed why public lies might be impeachable offenses, and whether the First Amendment would provide a defense. Noting that speech by public employees does not receive the same First Amendment protection as the speech of ordinary citizens, Ross proposes the constitutionally viable solution of treating presidents as public employees who work for the people. Charged with oversight of the Executive, Congress may—and should—put future presidents on notice that material lies to the public on substantial matters will be deemed a "high crime and misdemeanor" subject to censure and even impeachment. A Right to Lie? explains how this approach could work if the political will were in place.
- GenresNonfiction
184 pages, Hardcover
Published November 30, 2021
7 people want to read
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December 21, 2021
Accessible and useful recommendations to help defend our Constitutional rights
The First Amendment – Freedom of Speech—seems to protect presidential lies now. This is hard to believe. But law professor Catherine Ross offers eloquent suggestions to challenge existing complicated obstacles. She explains why there are still unresolved Constitutional issues. Ross’s examination of the complex rules offers useful insights. Her account of Trump’s lies about COVID and 2020 election integrity make clear the damages resulting from them. Many people now wonder what they might do to help, and whether there will be any accountability in the long run. We all need to know more about the Constitution and the First Amendment these days. Important, and timely. Should appeal to anyone concerned about the future of democracy in the United States. Highly recommended.
The First Amendment – Freedom of Speech—seems to protect presidential lies now. This is hard to believe. But law professor Catherine Ross offers eloquent suggestions to challenge existing complicated obstacles. She explains why there are still unresolved Constitutional issues. Ross’s examination of the complex rules offers useful insights. Her account of Trump’s lies about COVID and 2020 election integrity make clear the damages resulting from them. Many people now wonder what they might do to help, and whether there will be any accountability in the long run. We all need to know more about the Constitution and the First Amendment these days. Important, and timely. Should appeal to anyone concerned about the future of democracy in the United States. Highly recommended.
Displaying 1 of 1 review