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tomhchristensen.bsky.social @tomhchristensen.bsky.social

The first amendment protects lying yes

aug 5, 2025, 1:03 am • 21 0

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Jon Bell @jusbellum.bsky.social

Not really. NB: A lie is more than a factually inaccurate, incorrect, etc. statement.

aug 5, 2025, 1:31 am • 0 0 • view
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Brandon Arcari @barcari.bsky.social

Yes, really. Even knowingly lying (see many politicians like all the time) is protected.

aug 5, 2025, 1:35 am • 4 0 • view
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Goofrider @goofrider.bsky.social

I wouldn't go so far as saying lying is protected speech, as in many specific scenarios where lying is a crime (lying on your tax return, lying under oath, etc) *Opinions* are protected speech. Even when they are false. False statements, even intentional ones, aren't criminal in most circumstances

aug 5, 2025, 2:13 am • 0 0 • view
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Brandon Arcari @barcari.bsky.social

Fraud is not protected. But lying is not = to fraud.

aug 5, 2025, 1:52 pm • 1 0 • view
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Jon Bell @jusbellum.bsky.social

False statements can be criminal, so long as all the elements are met/satisfied. See, e.g., 18 USC 1001. The falsity of the statement, while necessary, isn't the more necessary element. Prosecutorial discretion also plays a big role re 'it's not a crime' factor. Also, think tortious speech.

aug 5, 2025, 2:39 am • 0 0 • view
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Goofrider @goofrider.bsky.social

I meant false statements aren't criminal in most cases but can be, as I already stated lying can be a crime We can't really say lying is protected speech bcuz there's no case law specifically defining lying as protected speech under 1A

aug 5, 2025, 6:55 am • 0 0 • view
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Goofrider @goofrider.bsky.social

Lying by and large can't be regulated by law except under specific narrowly-defined circumstances (defamation, 18 USC 2001, etc) bcuz such law would often infringe upon other protected speech. But that doesn't mean lying itself is protected speech

aug 5, 2025, 6:55 am • 0 0 • view
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Jon Bell @jusbellum.bsky.social

Your 'knowingly lying' tells us that your view of a lie probably incorrect/incomplete. That said, show us an example or two of that which you describe. Yes - Political speech does enjoy greater protections than non-political speech. But, there are limits to those protections.

aug 5, 2025, 1:53 am • 0 0 • view
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Brandon Arcari @barcari.bsky.social

No, what it tells me is you don’t know what you’re talking about.

aug 5, 2025, 1:52 pm • 0 0 • view