Journal of Free Speech Law: My “When Are Lies Constitutionally Protected?”

Government determination of which assertions are false and should therefore be punished is always perilous. When institutions—scholars, the government as speaker, the media, perhaps opposing election campaigns—are available to deal with such matters, there is a way to avoid the peril while still rebutting the lies. It’s imperfect, but it’s better than the alternative of government coercion; in such a situation, “the fitting remedy for” lies, as well as for “evil counsels,” is rebuttal.

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