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Cass R. Sunstein - Liars - Falsehoods and Free Speech in an Age of Deception

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Cass R. Sunstein Liars - Falsehoods and Free Speech in an Age of Deception
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    Liars - Falsehoods and Free Speech in an Age of Deception
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Liars - Falsehoods and Free Speech in an Age of Deception: summary, description and annotation

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A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem.Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 isa hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, arecirculating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech.To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what countsas fake news. However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal ofroom to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

Cass R. Sunstein: author's other books


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LIARS OTHER BOOKS IN THE SERIES Not a Suicide Pact The Constitution in a - photo 1
LIARS

OTHER BOOKS IN THE SERIES:

Not a Suicide Pact

The Constitution in a Time of National Emergency

Richard A. Posner

Out of Range

Why the Constitution Cant End the Battle over Guns

Mark V. Tushnet

Unfinished Business

Racial Equality in American History

Michael J. Klarman

Supreme Neglect

How to Revive Constitutional Protection for Private Property

Richard A. Epstein

Is There a Right to Remain Silent?

Coercive Interrogation and the Fifth Amendment after 9/11

Alan M. Dershowitz

The Invisible Constitution

Laurence H. Tribe

Uninhibited, Robust, and Wide-Open

A Free Press for a New Century

Lee C. Bollinger

From Disgust to Humanity

Sexual Orientation and Constitutional Law

Martha C. Nussbaum

The Living Constitution

David A. Strauss

Keeping Faith with the Constitution

Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder

Cosmic Constitutional Theory

Why Americans Are Losing Their Inalienable Right to Self-Governance

J. Harvie Wilkinson III

More Essential Than Ever

The Fourth Amendment in the Twenty-First Century

Stephen J. Schulhofer

On Constitutional Disobedience

Louis Michael Seidman

The Twilight of Human Rights Law

Eric A. Posner

Constitutional Personae

Heroes, Soldiers, Minimalists, and Mutes

Cass R. Sunstein

The Future of Foreign Intelligence

Privacy and Surveillance in a Digital Age

Laura K. Donohue

HATE

Why We Should Resist It with Free Speech, Not Censorship

Nadine Strossen

Democracy and Equality

The Enduring Constitutional Vision of the Warren Court

Geoffrey R. Stone and David A. Strauss

Beyond Belief, Beyond Conscience

The Radical Significance of the Free Exercise of Religion

Jack N. Rakove

The Religion Clauses

The Case for Separating Church and State

Erwin Chemerinsky and Howard Gilman

SERIES EDITOR Geoffrey R Stone Lee C Bollinger President Columbia University - photo 2

SERIES EDITOR

Geoffrey R. Stone

Lee C. Bollinger

President

Columbia University

Alan M. Dershowitz

Felix Frankfurter Professor of Law

Harvard Law School

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Laq

Laura K. Donohue

Professor of Law

University of Chicago Law School

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Aziz Huq

Frank and Bernice J. GreenbergProfessor of Law

University of Chicago Law School

Pamela S. Karlan

Kenneth and Harle Montgomery Professor of Public Interest Law

Stanford Law School

Michael J. Klarman

Kirkland & Ellis Professor of Law and History

Harvard Law School

Howard Gillman

Chancellor and Faculty of Law

University of California, Irvine

Lawrence Lessig

Edmund J. Safra Professor of Law

Harvard Law School

Goodwin Liu

Professor of Law

University of California at Berkeley School of Law

Michael W. McConnell

Richard and Frances Mallery Professor of Law

Stanford Law School

Martha Minow

Professor of Law and former Dean Harvard Law School

Martha C. Nussbaum

Ernst Freund Distinguished Service Professor, Philosophy, Law, Divinity, South Asian Studies

The University of Chicago

Eric A. Posner

Kirkland & Ellis Distinguished Service Professor of Law

University of Chicago Law School

Richard A. Posner

Judge

US Court of Appeals for the Seventh Circuit

Jack N. Rakove

William Robertson Coe Professor of History and American Studies

Stanford University

Christopher H. Schroeder

Charles S. Murphy Professor of Law

Duke Law School

Stephen J. Schulhofer

Robert B. McKay Professor of Law

New York University School of Law

Louis Michael Seidman

Carmack Waterhouse Professor of Constitutional Law

Georgetown University Law Center

Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor

University of Chicago Law School

David A. Strauss

Gerald Ratner Distinguished Service Professor of Law

University of Chicago Law School

Cass R. Sunstein

Robert Walmsley University Professor

Harvard Law School

Laurence H. Tribe

Carl M. Loeb University Professor of Law

Harvard Law School

Mark V. Tushnet

William Nelson Cromwell Professor of Law

Harvard Law School

J. Harvie Wilkinson III

Judge

U.S. Court of Appeals for the Fourth Circuit

Geoffrey Stone and Oxford University Press gratefully acknowledge the interest and support of the following organizations in the Inalienable Rights series: the ALA, the Chicago Humanities Festival, the American Bar Association, the National Constitution Center, and the National Archives.

Liars - Falsehoods and Free Speech in an Age of Deception - image 3

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America.

Cass R. Sunstein 2021

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.

Library of Congress Cataloging-in-Publication Data

Names: Sunstein, Cass R., author.

Title: Liars : falsehoods and free speech in an age of deception / Cass R. Sunstein.

Description: New York, NY : Oxford University Press, [2021] |

Series: Inalienable rights | Includes index.

Identifiers: LCCN 2020030364 (print) | LCCN 2020030365 (ebook) |

ISBN 9780197545119 (hardback) | ISBN 9780197545133 (epub) |

ISBN 9780197548455

Subjects: LCSH: Truthfulness and falsehood. | Deception. |

Freedom of speechCriminal provisions. | Social mediaCorrupt practices.

Classification: LCC K934 .S86 2021 (print) | LCC K934 (ebook) |

DDC 342.08/53dc23

LC record available at https://lccn.loc.gov/2020030364

LC ebook record available at https://lccn.loc.gov/2020030365

DOI: 10.1093/oso/9780197545119.001.0001

To the Truth-Tellers, Amidst the Pandemic of 2020

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