Sunday, December 22, 2019

Lying is Legal

Lying (you KNOW you are telling an untruth) is a Constitutional RIGHT guaranteed by the “freedom of speech” clause in the Constitution’s 1st Amendment.  If freedom of speech doesn’t protect a lie, what does it protect?  2+2=4?  The Earth is round?  The truth rarely needs protection.

But there are “exceptions” to our right to lie.  Freedom of speech does NOT protect perjury, which is telling a lie under oath, before Congress, or in a legal contract.  Freedom of speech does NOT protect slander or libel or defamation which are lies about another person that are deliberately malicious and are spoken or written with a clear intent to damage another person, his reputation or his finances (but public figures are not protected by libel and slander laws, an interesting exception that president Trump wants to undo – for himself).  Freedom of speech does NOT protect shouting fire in a crowded theater.  Or threats or incitements to violence.  Or conspiracy to commit a crime.  Or obscenity.  Or plagiarism.  All President Trump’s lies are legal as he is not under oath.  What a list, and there are a few more.