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Book Cover for: Liars: Falsehoods and Free Speech in an Age of Deception, Cass R. Sunstein

Liars: Falsehoods and Free Speech in an Age of Deception

Cass R. Sunstein

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 is a 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, are circulating 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 counts as "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 of room 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.

Book Details

  • Publisher: Oxford University Press
  • Publish Date: Mar 1st, 2021
  • Pages: 192
  • Language: English
  • Edition: undefined - undefined
  • Dimensions: 8.40in - 5.70in - 1.10in - 0.70lb
  • EAN: 9780197545119
  • Categories: Civil RightsConstitutionalMedia & the Law

About the Author

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs. In 2018, he received the Holberg Prize from the Government of Norway, often described as the equivalent of the Nobel Prize for law and humanities. Founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School, he has been involved in law reform activities in nations all over the world. He is the author of many articles and books, including Nudge, How Change Happens, and Too Much Information.

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Book Cover for: How Change Happens, Cass R. Sunstein
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Praise for this book

"This is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions." -- Nigel Watson, Fortean Times"Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment." -- Clay Calvert, Criminal Law and Criminal Justice Books "A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood." -- Robert Post, Sterling Professor of Law, Yale Law School"An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment." -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia"An insightful, balanced, and readable book, by one of America's leading legal scholars â€" whether you ultimately agree with its suggestions or not, you will learn much from its analysis." -- Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law