Article title Where’s the Harm?: Free Speech and the Regulation of Lies
Name of magazine Scientific-practical professional journal
«Law of the USA» (Ukrainian language)
Issue 1-2/2013
Сторінки [154-163]
Annotation The United States Supreme Court has interpreted the First Amendment to the U.S. Constitution to accord a measure of protection to outright lies. This essay seeks to explain why. Using Holocaust denial as an example of verifiably false speech, this essay poses the question of whether such speech poses a more serious danger than First Amendment jurisprudence traditionally has acknowledged. This essay also probes the unintended consequences of governmental attempts to impose criminal punishment on lies.
Keywords Holocaust, Internet, falsehoods, defamation, First Amendment, free speech, constitution, dignity, opinion, verifiability.