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Lies and the First Amendment

Donald Trump

Trump's Complaint Against the New York Times: A Long Press Release that Mangles "Actual Malice"

It’s mainly praise for Trump: “President Trump secured the greatest personal and political achievement in American history.”

Stuart Benjamin |The Volokh Conspiracy | 9.17.2025 9:48 AM

Free Speech

VP Candidate Tim Walz on "There's No Guarantee to Free Speech on Misinformation or Hate Speech, and Especially Around Our Democracy"

Eugene Volokh |The Volokh Conspiracy | 8.8.2024 11:16 AM

yellfire | Photo: igoriss/iStock

Free Speech

How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Jeff Kosseff | 10.24.2023 7:00 AM

Douglass Mackey | (Illustration: Lex Villena; Gab/Cantwell)

Free Speech

He's Going to Prison for Twitter Trolling. That's Not Justice.

Douglass Mackey's case raised questions about free speech, overcriminalization, and a politicized criminal legal system.

Billy Binion | 10.20.2023 4:57 PM

Douglass Mackey against a yellow background | Illustration: Lex Villena; Gab/Cantwell

Lawsuits

Can the Feds Prosecute Douglass Mackey for His Twitter Trolling?

Because of a series of misleading memes, a troll has been charged with conspiracy "to injure, oppress, threaten and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States."

Emma Camp | 2.13.2023 1:59 PM

Pinocchio doll | Photo by <a href="https://unsplash.com/@reskp?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Jametlene Reskp</a> on <a href="https://unsplash.com/photos/Q79XFGuTFfM?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>

Free Speech

Do Politicians Have a First Amendment Right To Lie to You?

Plus: Missouri's "Don't Say Gay" bill, exempting parents from income tax, and more...

Elizabeth Nolan Brown | 2.10.2023 9:31 AM

George Santos | Ron Adar/ZUMAPRESS/Newscom

Election 2022

Why Did George Santos Lie About His Past To Get Elected to Congress?

The massive power of federal government attracts frauds.

Scott Shackford | 12.27.2022 2:15 PM

Free Speech

Lies About Science, Government, Etc. in Specific Libel or Fraud Lawsuits

Eugene Volokh |The Volokh Conspiracy | 7.26.2022 8:01 AM

Free Speech

Could Lies About "Election Procedures" Generally Be Punished?

Eugene Volokh |The Volokh Conspiracy | 7.25.2022 8:01 AM

Free Speech

Challenge to N.C. Statute That Bans Lies About Candidates

Eugene Volokh |The Volokh Conspiracy | 7.22.2022 3:31 PM

Free Speech

Could Lies in Election Campaigns Generally Be Punished?

Eugene Volokh |The Volokh Conspiracy | 7.22.2022 8:01 AM

Free Speech

Constitutionally Protected Lies and the Practical Difficulties with the Fact vs. Opinion Distinction

Eugene Volokh |The Volokh Conspiracy | 7.21.2022 8:01 AM

DoreMunchausenBig

Free Speech

Constitutionally Protected and Unprotected Lies: What's the Difference?

Eugene Volokh |The Volokh Conspiracy | 7.20.2022 8:01 AM

DoreMunchausenBig

Free Speech

When Are Lies Constitutionally Protected?: Unpunishable Lies

Eugene Volokh |The Volokh Conspiracy | 7.19.2022 8:01 AM

Free Speech

When Are Lies Constitutionally Protected?: Punishable Lies

Eugene Volokh |The Volokh Conspiracy | 7.18.2022 8:55 AM

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