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William & Mary Law School

United States Constitution 1st Amendment

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Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen Nov 2020

Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen

William & Mary Law Review

Could “fake news” have First Amendment value? This claim would seem to be almost frivolous given the potential for fake news to undermine two core functions of the freedom of speech—promoting democracy and facilitating the search for “truth,” as well as the corollary that to be valuable, speech must promote rational deliberation. Some would therefore claim that fake news should be classified as “no value” speech falling outside of the First Amendment’s reach. This Article argues somewhat counterintuitively that fake news has value because speech doctrine should not be focused exclusively on the promotion of rational deliberation, but should also …


It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, Warren Geoffrey Tucker Apr 2015

It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, Warren Geoffrey Tucker

William & Mary Bill of Rights Journal

No abstract provided.