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ARTICLE · 10 AUGUST 2012

Lying Is Protected Speech: What Does This Mean For Advertisers?

Did you hear the news? The Supreme Court has ruled that lies have First Amendment protection.

United StatesMedia, Telecoms, IT, Entertainment

Did you hear the news?  The Supreme Court has ruled that lies have First Amendment protection. 

I'm not just talking about little white lies, or half-truths, or artful omissions – I'm talking about great big whoppers, like claiming at a public meeting that you were awarded the Congressional Medal of Honor when you were never even in the military.

I'm not lying, folks – if you don't believe me, just take a gander at United States v. Alvarez.  (If you're a member of the FTC's Bureau of Consumer Protection staff, you'll want to take a very close look at it.)

That decision has received very little attention because it was issued the same day as the "Obamacare" opinion, which exerted a black hole-like gravitational effect on the attention of the press and the public.

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