Courts & Litigation

The Lawfare Podcast: Jeff Kosseff on Why the First Amendment Protects False Speech

Alan Z. Rozenshtein, Jeff Kosseff, Jen Patja
Friday, October 6, 2023, 8:00 AM
What kind of speech does the First Amendment protect?
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The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you can't yell fire in a crowded theater—or can you?

To answer these questions, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Jeff Kosseff, who  is an Associate Professor of Cybersecurity Law in the United States Naval Academy’s Cyber Science Department and a Contributing Editor at Lawfare. Jeff is releasing his latest book this month, titled "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation," in which he describes, and defends, the First Amendment's robust protections for false and misleading speech.

They spoke about the book, why you sometimes can yell fire in a crowded theater, and how new technology both superchargers misinformation and provides new tools to fight it.

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Alan Z. Rozenshtein

Alan Z. Rozenshtein

@ARozenshtein
alanrozenshtein.com
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Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, Research Director and Senior Editor at Lawfare, a Nonresident Senior Fellow at the Brookings Institution, and a Term Member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland. He also speaks and consults on technology policy matters.
Jeff Kosseff

Jeff Kosseff

jkosseff
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Jeff Kosseff is a nonresident senior legal fellow at The Future of Free Speech. The views expressed in this piece are only his.
Jen Patja

Jen Patja

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Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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