Liar in a Crowded Theater

Freedom of Speech in a World of Misinformation

Jeff Kosseff

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Hardback

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English

Johns Hopkins University Press
19 December 2023

Media studies; Constitution: government & the state; Political control & freedoms

"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 should the US government protect the free speech of liars?

In Liar in a Crowded Theater, law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and the January 6, 2021, insurrection on the Capitol building, Kosseff argues that even though lies can inflict huge damage, US law should continue to protect them. Liar in a Crowded Theater explores both the history of protected falsehoods and where to go from here.

Drawing on years of research and thousands of pages of court documents in dozens of cases—from Alexander Hamilton's enduring defense of free speech to Eminem's victory in a lawsuit claiming that he stretched the truth in a 1999 song—Kosseff illustrates not only why courts are reluctant to be the arbiters of truth but also why they're uniquely unsuited to that role. Rather than resorting to regulating speech and fining or jailing speakers, he proposes solutions that focus on minimizing the harms of misinformation. If we want to seriously address concerns about misinformation and other false speech, we must finally exit the crowded theater."

By: Jeff Kosseff
Imprint: Johns Hopkins University Press
Country of Publication: United States
Dimensions: Height: 235mm, Width: 156mm, Spine: 30mm
Weight: 680g
ISBN: 9781421447322
ISBN 10: 1421447320
Pages: 368
Publication Date: 19 December 2023
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

Note to the Reader Introduction Part I. Why the Law Protects Falsehoods Chapter 1. Marketplace Chapter 2. Democracy Chapter 3. Sunlight Chapter 4. Truth Chapter 5. Uncertainty Chapter 6. Opinion Chapter 7. Responsibility Chapter 8. Efficacy Part II. Regulating Falsehoods? Chapter 9. The Scope of the Problem Chapter 10. When Regulation or Liability Is Not the Answer Chapter 11. When Regulation or Liability Might Be an Answer Part III. Empowering Rationality Chapter 12. Counterspeech and Self-Help Chapter 13. Intermediaries Chapter 14. Accountability Chapter 15. Demand Conclusion Acknowledgments Notes Index

Jeff Kosseff (ARLINGTON, VA) is an associate professor of cybersecurity law at the United States Naval Academy.