Jeff Kosseff: Why False Speech Deserves First Amendment Protections

Over the past decade, no legal scholar has pushed arguments for free speech as far or as influentially as today's guest: Jeff Kosseff, a former journalist who now teaches cybersecurity law at the U.S. Naval Academy. In previous books, he defended Section 230 of the Communications Decency Act in The Twenty-Six Words That Created the Internet and stood up for anonymous speech in The United States of Anonymous: How the First Amendment Shaped Online Speech.

His new book is his boldest yet. It's called Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation and I liked it so much that I blurbed it, calling it "a smart, wry, deeply researched and utterly convincing defense of legal protections for 'misinformation' in an age when we are less likely to agree on basic facts than ever before."

We talk about why "misinformation"—however defined—should be legally protected, how the boundaries between private companies and government are getting blurrier and blurrier, and why so many journalists are calling for limits on the First Amendment.

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