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Podcast: New Books in Law
Episode: Jeff Kosseff, "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation" (Johns Hopkins UP, 2023)
Description: Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when sh...