High Value Lies, Ugly Truths, and the First Amendment

Lying has a complicated relationship with the First Amendment. It is beyond question that some lies – such as perjury or pretending to be a police officer – are not covered by the First Amendment. But it is equally clear that some lies, even intentionally lying about military honors, are entitled to First Amendment protection. U.S. v. Alvarez, 132 S. Ct. 2537 (2012). To date, however, both Supreme Court doctrine and academic commentary has taken for granted that any constitutional protection for lies is purely prophylactic – it protects the liar to avoid chilling truthful speech. This Article is the first to argue, contrary to conventional wisdom, that certain types of lies paradoxically advance the values underlying the First Amendment. Our framework is descriptively novel and doctrinally important insofar as we provide the first comprehensive post-Alvarez look at the wide range of lies that may raise First Amendment issues. Because there was no majority opinion in Alvarez, there is uncertainty about which standard of constitutional scrutiny should apply to protected lies, an issue we examine at length. Moreover, our normative claim is straightforward: when a lie has intrinsic or instrumental value it should be treated differently from other types of lies and warrant the greatest constitutional protection. Specifically, we argue that investigative deceptions – lies used to secure truthful factual information about matters of public concern – deserve the utmost constitutional protection because they advance the underling purposes of free speech: they enhance political discourse, help reveal the truth, and promote individual autonomy. A prototypical investigative deception is the sort of misrepresentation required in order for an undercover journalist, investigator, or activist to gain access to information or images of great political significance that would not be available if the investigator disclosed her reporting or political objectives. Tactical use of such lies have a long history in American journalism and activism, from Upton Sinclair to his modern day heirs. Using the proliferation of anti-whistleblower statutes like Ag Gag laws as an illustrative example, we argue that investigative deceptions are a category of high value lies that ought to receive rigorous protection under the First Amendment. At the same time, we recognize that not all lies are alike and that in other areas, the government regulation of lies serves legitimate interests. We therefore conclude the Article by drawing some limiting principles to our theory.

Integration of Sustainable Development Principles into a Community Park

Characteristics of six operating hot spring recreational facilities were reviewed to identify opportunities for integrating a range of sustainable design and operation approaches into a community park. Potential operating cost savings were evaluated for a conceptual landscape project, bathhouse project, and swimming pool project that reduced the use of electricity, natural gas, water, the discharge of water, and solid waste generation. The projects showed a combined cost savings of approximately $40,000 per year by adopting passive solar design, energy efficient lighting, native vegetation, water efficient fixtures, and a natural swimming pool. The greatest potential operating cost reductions were observed for cutbacks in the use of swimming pool water and reductions in natural gas needed for building and swimming pool heating.

Integrated Water Resources Management: Principles for Coordination in the Coal River Watershed, West Virginia

Mountaintop removal (MTR) coal mining has had a significant influence on the water sources within the Coal River watershed of West Virginia. Using an approach such as Integrated Water Resources Management (IWRM) may improve management for the long-term protection and sustainability of the Coal River watershed‰Ûªs water resources. This Capstone project analyzes current site-specific information related to water quality and quantity and the impacts of MTR in the region, reviews current management challenges, and identifies key stakeholders to be included in IWRM planning. This information provided a foundation for the development of a preliminary IWRM coordination plan for the Coal River watershed based on IWRM principles and guidelines. It is hoped that this preliminary plan will contribute to the development of a final coordinated IWRM plan.