In a recent episode of ABC’s “The View,” Whoopi Goldberg said, “The First Amendment doesn’t allow you to willingly lie.” But longstanding judicial interpretations on freedom-of-speech issues tell a different story.
• In most cases, the First Amendment considers lies to be protected speech.
"To me, this should be against the law," Goldberg said March 8."You should not be able to lie to the American people knowingly. And, you know, it’s one thing if you made a mistake and you didn’t know. But we've heard for five or six years now, you know, the media was a lying sack of doo. They were fake news. … So how come? What do we do as Americans to say this is not okay?"Goldberg countered,"The First Amendment doesn’t allow you to willingly lie.
"Lies, including knowing ones, do not lose First Amendment protection simply for their untruth," said Howard M. Wasserman, a law professor at Florida International University.Some carve-outs from constitutional protections for lying , a majority found that the plaintiff would need to demonstrate that the defendant knew a statement was false, or was reckless in deciding to publish the information without investigating whether it was accurate.. The bar for finding that speech incites violence is also high. According to the 1969 Supreme Court case
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PolitiFact - Whoopi Goldberg gets it wrong on lying and the First AmendmentIn a recent episode of ABC’s “The View,” Whoopi Goldberg said, “The First Amendment doesn’t allow you to willingly lie.” But longstanding judicial interpretations on freedom-of-speech issues tell a different story.
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