Thursday, February 23, 2012

Lying Should not be Protected as Freedom of Speech

For those of you looking for my book review on the history of religion, it is 2 blogs earlier than this one.

I was fascinated by the summaries of the Supreme Court argument yesterday on whether the Federal law making lying about being awarded a military honor illegal was a violation of Freedom of Speech.  The basic points were Freedom of Speech is to be respected at all times when there is no harm vs. misrepresentation of honors devalues the honors to those who have been legitimately honored.

I would like to add another point to the argument although the Supreme Court will not hear it, only you loyal readers will.  I think lying causes harm whenever it results in someone making a decision based upon incorrect information.  I have fired any employee who has ever lied to me because lying is a violation of trust.  Politics is full of lying generally in negative advertisements about other candidates, with the classic case of John Kerry's honorable service in Vietnam being dissed in the name of winning an election.  I wish a law could be crafted to make lying in politics illegal.  However, such a law would clog the court system with many frivolous cases as where do you draw the lines between exaggeration of political statements vs. outright lies vs. different points of view vs. circumstances changing and generating a need for a new position.

I recognize that civil procedures for slander represent a limitation on lying and I think that is where the Supreme Court comments yesterday on what harm was caused by the misrepresentations vs. the right to free speech.  However, I am so distressed by lying that if a law can be crafted to make it criminal in a specific situation, I think it should be upheld.

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