Event
Lies and Counterspeech
To what extent can speech—disclosures, warning labels, fact checks, apologies, and/or counterspeech generally—defang the lie?
To what extent can speech—disclosures, warning labels, fact checks, apologies, and/or counterspeech generally—defang the lie?
Online
In his plurality opinion in United States v. Alvarez, Justice Anthony Kennedy claimed that, “in a free society [the proper] remedy for speech that is false is speech that is true.” The idea that the best remedy for bad speech is more speech underpins a great deal of First Amendment law. But when it comes to lies and deception, is it true? To what extent can speech—disclosures, warning labels, fact checks, apologies, and/or counterspeech generally—defang the lie? And to what extent may the government constitutionally require private speakers to engage in this kind of counterspeech under contemporary precedents? Is counterspeech a realistic solution to the problem of mass public deception today? These are the questions that this roundtable will address.
Schedule
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Online
Featuring
David Pozen, Columbia Law
Amy Kapczynski, Yale Law
Yochai Benkler, Harvard Law
Moderated by
Genevieve Lakier, Knight First Amendment Institute
Speakers
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Yochai Benkler
Harvard Law School; Berkman Klein Center for Internet & Society
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Amy Kapczynski
Knight Institute Senior Visiting Research Scholar, 2019-2020; Yale Law School
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Genevieve Lakier
Knight Institute Senior Visiting Research Scholar 2021-2022; University of Chicago Law School
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David Pozen
Knight Institute Senior Visiting Research Scholar 2017-2018; Columbia Law School