Frederick Schauer, Facts and the First Amendment, 57 UCLA L. Rev. 897 (2010).

Mark Tushnet

Free speech theory has neglected – to the point where it is almost an embarrassment – the treatment of false statements of fact as such (that is, where they do not injure reputation).  The Supreme Court has declared that no First Amendment value attaches to false statements of fact – and that there is no such thing, under the First Amendment, as a false idea.  One […]