A Right to Lie?

Presidents, Other Liars, and the First Amendment

By: Catherine J. Ross

Narrated by: Sheree Galpert

In A Right to Lie?, legal scholar Catherine J. Ross addresses the urgent issue of whether the nation's highest officers, including the president, have a right to lie under the Speech Clause, no matter what damage their falsehoods cause. Does freedom of expression protect even factual falsehoods? If so, are lies by candidates and public officials protected? And is there a constitutional path, without violating the First Amendment, to stop a president whose persistent lies endanger our lives and our democracy?

Falsehoods have been at issue in every presidential impeachment proceeding from Nixon to Trump. But, until now, no one has analyzed why public lies might be impeachable offenses, and whether the First Amendment would provide a defense. Noting that speech by public employees does not receive the same First Amendment protection as the speech of ordinary citizens, Ross proposes the constitutionally viable solution of treating presidents as public employees who work for the people. Charged with oversight of the Executive, Congress may—and should—put future presidents on notice that material lies to the public on substantial matters will be deemed a "high crime and misdemeanor" subject to censure and even impeachment. A Right to Lie? explains how this approach could work if the political will were in place.

The book is published by University of Pennsylvania Press. The audiobook is published by University Press Audiobooks.

"An elegant and provocative book on a topic of great importance: How should lies be treated under the First Amendment?" (Erwin Chemerinsky, University of California, Berkeley School of Law)

©2021 University of Pennsylvania Press (P)2022 Redwood Audiobooks

I’m Afraid of the First Amendment

Ms. Ross has pointed out so many unanswered and unchallenged problems with my former belief that it “should be easy” to stop public officials from lying to the public, that it feels hopeless for those of us who want honesty restored!