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The Post-Truth First Amendment, Sarah C. Haan
The Post-Truth First Amendment, Sarah C. Haan
Scholarly Articles
Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.
This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …
Speech And The Truth-Seeking Value, Brian C. Murchison
Speech And The Truth-Seeking Value, Brian C. Murchison
Scholarly Articles
Courts in First Amendment cases long have invoked the truth-seeking value of speech, but they rarely probe its meaning or significance, and some ignore it altogether. As new cases implicate questions of truth and falsity, thorough assessment of the value is needed. This Article fills the gap by making three claims. First, interest in truth-seeking has resurfaced in journalism, politics, philosophy, and fiction, converging on a concept of provisional or “functional” truth. Second, the appeal of functional truth for the law may be that it clarifies thinking about a range of human priorities—survival, progress, and character—without insisting on truth in …
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla
Scholarly Articles
None available.
The First Amendment And The New Civil Liability, Rodney A. Smolla
The First Amendment And The New Civil Liability, Rodney A. Smolla
Scholarly Articles
Not available.
Politics And The Constitution, Lewis H. Larue
Taking Libel Reform Seriously, Rodney A. Smolla