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Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation Hardcover – October 24, 2023

by Jeff Kosseff (Author)

3.9 14 ratings

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Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.

When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when should the US government protect the free speech of liars?

In Liar in a Crowded Theater, law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and the January 6, 2021, insurrection on the Capitol building, Kosseff argues that even though lies can inflict huge damage, US law should continue to protect them. Liar in a Crowded Theater explores both the history of protected falsehoods and where to go from here.

Drawing on years of research and thousands of pages of court documents in dozens of cases―from Alexander Hamilton's enduring defense of free speech to Eminem's victory in a lawsuit claiming that he stretched the truth in a 1999 song―Kosseff illustrates not only why courts are reluctant to be the arbiters of truth but also why they're uniquely unsuited to that role. Rather than resorting to regulating speech and fining or jailing speakers, he proposes solutions that focus on minimizing the harms of misinformation. If we want to seriously address concerns about misinformation and other false speech, we must finally exit the crowded theater.

Print length

368 pages
Language

English
Publisher

Johns Hopkins University Press
Publication date

October 24, 2023
Dimensions

6.13 x 1.2 x 9.25 inches
ISBN-10

1421447320
ISBN-13

978-1421447322
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From the Publisher

Editorial Reviews

Review

One of the best books about free speech ever written.
―Nilay Patel, The Verge

Incredibly well written and imminently readable. By outlining the reasoning against overregulating misinformation and disinformation, Kosseff effectively argues that we can minimize the impact of falsehoods on society while still respecting our tradition of protecting free speech in this country.
―Caitlin Ring Carlson, Seattle University, author of Hate Speech

Kosseff uses both historical and recent stories to push back on common misconceptions about misinformation, outline current efforts to ban false speech, and provide the historic background on this topic that crosses centuries of law and tradition in the United States. This book will shape the discussion around the right to lie and what should be done about it.
―Daxton R. Stewart, Texas Christian University

Liar in a Crowded Theater is required reading for any pundit, politician, or talking head who wants to opine on government regulation of Americans' speech. Jeff Kosseff provides cogent suggestions for encouraging more truthful, positive speech without resorting to heavy-handed government policies that would do little to solve the harms caused by lies and misinformation.
―Senator Ron Wyden

Creative, clear-eyed, and incisive as ever, Jeff Kosseff brings us the story of why we care about protecting free speech and why we need to get the stories right about when free speech isn't a priority. Kosseff dispels myths and clears the way to think about lies and disinformation in the twenty-first century.
―Danielle Citron, University of Virginia School of Law, and author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age

The idea that free speech has been 'weaponized' against democracy has become popular in the digital age. In Liar in a Crowded Theater, Jeff Kosseff provides an engaging and compelling account of why and how the First Amendment remains indispensable for both democracy and truth in the 21st century.
―Jacob Mchangama, CEO, The Future of Free Speech

A smart, wry, deeply researched, and utterly convincing defense of legal protections for 'misinformation' in an age when we are less likely to agree on basic facts than ever before.
―Nick Gillespie, editor at large, Reason

A useful guide to thinking about a complex issue.
―Publishers Weekly

Part historical retelling of First Amendment jurisprudence, part road map for policymakers, the book notes areas where the courts have in fact narrowly carved out First Amendment protections for false speech.
―Cristiano Lima, Washington Post

[Kosseff] makes the case that the courts have improved our country by gradually strengthening legal protections for false speech―a principle that should hold even though new technologies are changing how information looks, is created, and flows.
―Boston Globe

Kosseff, a professor of cybersecurity law at the United States Naval Academy, urges caution. He doesn't deny that technology can amplify lies, and that lies―whether deliberately engineered or not―can be dangerous....But he points to 'the unintended consequences of giving the government more censorial power.'
―Jennifer Szalai, New York Times Book Review

Engaging.
―FTC Watch

[An] instructive new book.Those who would regulate false speech assume that the government is well-equipped to mediate truth. They assume that the power to silence dissent will not be abused. They assume that the public will accept the state's pronouncements of fact at face value. Beyond all, they assume that censorship works―that it doesn't tend to backfire. None of these assumptions escapes Kosseff's Crowded Theater unscathed. The book's evidence against them is abundant and well-organized.
―City Journal

Illuminating and persuasive....[A] convincing case against tinkering with the First Amendment.
―The Cipher Brief

Well written...'Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation' will prove of special value to readers with an interest in free speech, political propaganda and psychology, political commentary and constitutional analysis.
―Midwest Book Review

Book Description

Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.

Product details

Publisher ‏ : ‎ Johns Hopkins University Press (October 24, 2023)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 368 pages
ISBN-10 ‏ : ‎ 1421447320
ISBN-13 ‏ : ‎ 978-1421447322
Item Weight ‏ : ‎ 1.5 pounds
Dimensions ‏ : ‎ 6.13 x 1.2 x 9.25 inches

Best Sellers Rank: #422,340 in Books (See Top 100 in Books)
- #131 in Propaganda & Political Psychology
- #225 in Constitutions (Books)
- #831 in Political Commentary & Opinion

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3.9 14 ratings

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3.9 out of 5

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Raymond

I understand now

Reviewed in the United States on February 18, 2024

Verified Purchase

This book has stopped me from attempting to regulate others speech. It sounds tempting, even logical, to want people to tell the truth. However, who do you want filtering the content? And know that it won't be someone you agree with all the time. This is a legal book so it took a minute to get into the groove of reading all the legalese. It's worth the grey matter to understand this important topic.

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Amazon Customer

informative and well argued

Reviewed in the United States on November 23, 2023

Verified Purchase

commenting on many relevant current cases and issues, the author dexterously finds ways to defend the developing false speech doctrine and related leading cases.

3 people found this helpful

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Samuel Perry Cook

OK

Reviewed in the United States on January 3, 2024

Verified Purchase

States a lot of obvious things most people already know. Accepts the now disproved Russian Hoax lies as true, and is thus out of date.

One person found this helpful

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Donald A. Shake

I expected this book to be lawful, not lawfare

Reviewed in the United States on December 30, 2023

Verified Purchase

I did not expect this book to be biased, but that's my mistake.
Those who are left-leaning will not find this book biased in the slightest. After all, leaning left means you can count yourself truthful; that you only observe the facts about everything. 9/11, Jan 6th, Pearl Harbor, etc.
Everyone else has just stumbled upon a false narrative published by someone who has violated the First Amendment, or needs some helpful direction from a "Fact Checker" or can use the assistance of some helpful advice in order to "get it straight".
Those on the right, who are especially observant, might have several questions, as I have:
1) How can this author place himself in judgment on so many issues without recusing himself due to his bias?
2) Why does he think that his conclusions are correct, not just clearly left-leaning?
3) What does he actually think? That since he is aligned with "the truth" he has the right to adjudicate everything he spouts as being constitutionally correct?
4) And finally, will he sue me for suggesting that my opinion differs from his?
For those of us who will find this obvious hypocrisy objectionable, I have a few questions for you before you read his book:
1) Whose truth is he espousing? (There is no such thing as TRUTH. There is only
"my truth", "your truth", "his truth", "her truth", etc.) Yes, there are facts, but his "facts" are held captive by his "truth"
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
2) Why do we need a LAWFARE PRACTIONER to tell us in 306 pages what he agrees and disagrees with regarding that plain-spoken paragraph.

I have more to say, but you can probably catch my drift...

9 people found this helpful

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Amazon Customer

The review.

Reviewed in the United States on January 1, 2024

In the blurb introducing this book the right to freedom of speech is touted as a privilege. This is a lie.
There is a fundamental difference between rights and privileges that is apparently much misunderstood.
"...and are endowed by their Creator with certain unalienable rights, among these are life, liberty, and the pursuit of happiness."
Then the first 10 amendments to the constitution were ratified. These are not really a "bill of rights" but rather a "list of no-nos". This is a list of our God given rights that government is not to touch. These are not privileges. These are rights.
That's what a right is.

4 people found this helpful

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