Another approach would be to conclude that much of the listed knowingly false speech falls outside any First Amendment exception, but that the restrictions discussed in Part I nonetheless pass strict scrutiny, just as some restrictions on true statements or on opinions could in principle pass strict scrutiny. But this would pose three difficulties.
Archive | Knowingly False Statements of Fact
Alvarez, Part II.E: Recognizing a General First Amendment Exception for Knowing Falsehoods
The better solution, we believe, is to treat knowing falsehoods as categorically constituting a First Amendment exception, with some limitations we note below. Such a rule would reflect this Court’s repeated judgment that “there is no constitutional value in false statements of fact.” Gertz v. Robert Welch, Inc., 418 U.S. 323, 340 (1974); Illinois ex […]
Alvarez, Part II.F: Providing for Intermediate Scrutiny of Restrictions on Knowing Falsehoods
One other possible approach is to view knowing falsehoods as “low-value” speech, so that restrictions on the speech are judged under intermediate scrutiny rather than strict scrutiny. Commercial speech, for instance, is generally treated this way.
Knowingly False Statements of Fact and the First Amendment
As I had expected, the Supreme Court has agreed to hear the Stolen Valor Act case (United States v. Alvarez), and in the process decide the scope of First Amendment protection for knowingly false statements of fact. (We can assume, I think, that the Court will interpret the law as only applying to knowing falsehoods, […]
3-Year Sentence in Ecuador for Newspaper Editor, Based on Alleged Criminal Libel of Ecuadorean President
CNN reported on the trial, which apparently stemmed from a column that “called [Ecuadorean President Rafael] Correa a dictator and claimed that the president had ordered security forces to open fire at a hospital full of civilians last September.” La Hora (Ecuador) reports on the sentence, which was apparently just handed down, and which also […]
Never Transmit False Data in Rhode Island
R.I. Gen. Laws § 11-52-7(b) makes it a misdemeanor to “intentionally or knowingly” “make[] a transmission of false data,” or to “make[], present[] or use[] or cause[] to be made, presented or used any data for any other purpose with knowledge of its falsity.” Section 11-52-6 also makes violators civilly liable, including for punitive damages. […]
Hoaxes and the First Amendment
Haley v. State, decided July 8 by the Georgia Supreme Court, is the latest case dealing with the thorny problem of the First Amendment and knowingly false statements of fact. Andrew Scott Haley apparently created an online hoax: The evidence at trial, viewed in the light most favorable to the verdict, showed that Haley, under […]
More on the First Amendment and False Statements of Fact
I’ve often blogged about whether there is (1) a general First Amendment exception for knowingly false statements of fact (though perhaps with some exceptions to the exception), or (2) a bunch of specific First Amendment exceptions, for fraud, defamation, perjury, highly offensive but nondefamatory factual statements about particular people (the “false light” tort), and also […]
Eighth Circuit Holds That Even Lies Are Constitutionally Protected, Unless They’re Fraudulent or Defamatory, or Unless the Restriction is “Narrowly Tailored to a Compelling State Interest”
The case is yesterday’s 281 Care Committee v. Arneson, which holds that a ban on recklessly or knowingly false statements about ballot initiatives is unconstitutional unless it can be shown to be “narrowly tailored to a compelling state interest” (what’s called the “strict scrutiny” test). The court remands to the district court, where presumably the […]
Fraud, Interference with Government Functions, and Lies About Yourself (Including Your Military Decorations)
There’s a hot controversy about the constitutionality of the Stolen Valor Act, which bans lies about one’s own military decorations. I tentatively think such lies may be punished; my view is that there is a general “knowing lies” exception to the First Amendment, albeit with some exceptions-to-the-exception in situations where punishing the lies poses an […]
The First Amendment and Knowingly False Statements of Fact
When are knowingly false statements of fact constitutionally unprotected? That’s the issue raised by the Stolen Valor Act ligitation, in which the question is whether Congress may ban people from lying about their having gotten certain military declarations. (I set aside for this post the question of when the government may punish or impose liability […]
The First Amendment, Knowingly False Statements of Fact, and the Stolen Valor Act
The Ninth Circuit has just refused to rehear en banc the panel decision striking down the Stolen Valor Act; the opinions are here. I look forward to reading them shortly, but in the meantime I thought I’d note them for our readers. My post on the panel decision is here. My amicus brief urging the […]
District Court Upholds Stolen Valor Act Against First Amendment Challenge
By Eugene Volokh on January 5, 2011 6:18 pm in Freedom of Speech, Knowingly False Statements of Fact
This happened in Monday’s United States v. Robbins (W.D. Va.); the court disagreed with the district court in Strandlof and the Ninth Circuit panel in Alvarez, which held that the statute violates the First Amendment. I think the Act, which criminalizes certain knowingly false claims of having received a military honor, is constitutional, for reasons […]
Is There a First Amendment Exception for (Most) Knowingly False Statements of Fact, or Instead Several Exceptions for Libel, Fraud, Perjury, and the Like?
By Eugene Volokh on September 28, 2010 3:46 pm in Freedom of Speech, Knowingly False Statements of Fact
I’ve blogged about this important but unresolved question before, and it has arisen as well with regard to the Stolen Valor Act. The Supreme Court’s recent United States v. Stevens decision may bear on this as well, to the extent that it suggests that the categorical exceptions are limited to those that have been historically […]
Ninth Circuit Strikes Down Stolen Valor Act, Holds That Knowing Lies About Whether One Has Received Medals Are Generally Constitutionally Protected
By Eugene Volokh on August 17, 2010 6:25 pm in Freedom of Speech, Knowingly False Statements of Fact
The 2-to-1 decision, came in United States v. Alvarez; I think that this is probably not quite right, see this amicus brief I filed in a similar case, though I think the question — what restrictions does the First Amendment impose on laws that restrict knowing lies? — is difficult, and the majority makes a […]