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A Right to Lie? by Catherine J. Ross (Hardback)
£18.99
Out of stock
Product Ref. (e.g. ISBN, SKU)
9780812253252
Published:
30 Nov 2021
Format:
Hardback
Number of pages:
173 pages
Dimensions:
229x152x21mm
Weight:
0.450kgs
Author:
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
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.
About the Author: Catherine J. Ross is the Lyle T. Alverson Professor of Law at the George Washington University Law School, where she specializes in constitutional law (with particular emphasis on the First Amendment) and law concerning families and children. Her books include Lessons in Censorship: How Schools and Courts Subvert Students' First Amendment Rights and Contemporary Family Law (5th ed.), a co-authored casebook.
| Number of pages | 173 |
|---|
We will despatch your order as quickly as we can. If, for whatever reason, a product is out of stock we will contact you to discuss the likely delivery time or an alternative product.
| First Item | 2 Items & Over | |
|---|---|---|
| UK | £3.75 | £5.00 |
| EU | £15.00 | £30.00 |
| USA & Canada | £30.00 | £50.00 |
| Rest of the World | £45.00 | £60.00 |
| Collect in Store | free | free |
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