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.

Understanding the structure of the first atomic contact in gold

We have studied experimentally jump-to-contact (JC) and jump-out-of-contact (JOC) phenomena in gold electrodes. JC can be observed at first contact when two metals approach each other, while JOC occurs in the last contact before breaking. When the indentation depth between the electrodes is limited to a certain value of conductance, a highly reproducible behaviour in the evolution of the conductance can be obtained for hundreds of cycles of formation and rupture. Molecular dynamics simulations of this process show how the two metallic electrodes are shaped into tips of a well-defined crystallographic structure formed through a mechanical annealing mechanism. We report a detailed analysis of the atomic configurations obtained before contact and rupture of these stable structures and obtained their conductance using first-principles quantum transport calculations. These results help us understand the values of conductance obtained experimentally in the JC and JOC phenomena and improve our understanding of atomic-sized contacts and the evolution of their structural characteristics.

Carybdea marsupialis (Cubozoa) in the Mediterranean Sea: The first case of a sting causing cutaneous and systemic manifestations

A woman stung by the box jellyfish Carybdea marsupialis (Cnidaria, Cubozoa) at a Spanish Mediterranean beach, showed systemic manifestations over several months (pain far from the inoculation point, arthralgia, paresthesia, hyperesthesia, increase of eosinophils and IgE) in addition to the skin condition.

The X-ray outburst of the Galactic Centre magnetar SGR J1745−2900 during the first 1.5 year

In 2013 April a new magnetar, SGR 1745−2900, was discovered as it entered an outburst, at only 2.4 arcsec angular distance from the supermassive black hole at the centre of the Milky Way, Sagittarius A*. SGR 1745−2900 has a surface dipolar magnetic field of ∼2 × 1014 G, and it is the neutron star closest to a black hole ever observed. The new source was detected both in the radio and X-ray bands, with a peak X-ray luminosity LX ∼ 5 × 1035 erg s−1. Here we report on the long-term Chandra (25 observations) and XMM–Newton (eight observations) X-ray monitoring campaign of SGR 1745−2900 from the onset of the outburst in 2013 April until 2014 September. This unprecedented data set allows us to refine the timing properties of the source, as well as to study the outburst spectral evolution as a function of time and rotational phase. Our timing analysis confirms the increase in the spin period derivative by a factor of ∼2 around 2013 June, and reveals that a further increase occurred between 2013 October 30 and 2014 February 21. We find that the period derivative changed from 6.6 × 10−12 to 3.3 × 10−11 s s−1 in 1.5 yr. On the other hand, this magnetar shows a slow flux decay compared to other magnetars and a rather inefficient surface cooling. In particular, starquake-induced crustal cooling models alone have difficulty in explaining the high luminosity of the source for the first ∼200 d of its outburst, and additional heating of the star surface from currents flowing in a twisted magnetic bundle is probably playing an important role in the outburst evolution.

Steamboats and pleasure travels: success and failure of the first Spanish initiatives in the mid-nineteenth century

Steam technology revolutionised maritime transport during the nineteenth century. Together with the establishment of the first regular lines, steamers soon led to the commencement of pleasure navigation. The aim of this article is to analyse the impact and scope of this process in Spain, by means of a study of the first experiences in the mid-nineteenth century. In addition to a brief introduction and final conclusions, the paper is structured around four sections. The first contains an appraisal of the situation of passenger transport. Some information is then provided regarding the first cruise in 1854. Next, the essay highlights some of the features of short excursions that were very well received by the public, especially in the island of Majorca. Finally, attention is given to a very special type of travel, the main attraction of which lay in the opportunity to witness an event of a military nature.

On the formation and evolution of the first Be star in a black hole binary MWC 656

We find that the formation of MWC 656 (the first Be binary containing a black hole) involves a common envelope phase and a supernova explosion. This result supports the idea that a rapidly rotating Be star can emerge out of a common envelope phase, which is very intriguing because this evolutionary stage is thought to be too fast to lead to significant accretion and spin up of the B star. We predict ∼10–100 of B-BH binaries to currently reside in the Galactic disc, among which around 1/3 contain a Be star, but there is only a small chance to observe a system with parameters resembling MWC 656. If MWC 656 is representative of intrinsic Galactic Be-BH binary population, it may indicate that standard evolutionary theory needs to be revised. This would pose another evolutionary problem in understanding black hole (BH) binaries, with BH X-ray novae formation issue being the prime example. Future evolution of MWC 656 with an ∼5 M⊙ BH and with an ∼13 M⊙ main-sequence companion on an ∼60 d orbit may lead to the formation of a coalescing BH–NS (neutron star) system. The estimated Advanced LIGO/Virgo detection rate of such systems is up to ∼0.2 yr−1. This empirical estimate is a lower limit as it is obtained with only one particular evolutionary scenario, the MWC 656 binary. This is only a third such estimate available (after Cyg X-1 and Cyg X-3), and it lends additional support to the existence of so far undetected BH–NS binaries.

Retrieval of phenological stages of onion fields during the first year of growth by means of C-band polarimetric SAR measurements

The phenological stages of onion fields in the first year of growth are estimated using polarimetric observables and single-polarization intensity channels. Experiments are undertaken on a time series of RADARSAT-2 C-band full-polarimetric synthetic aperture radar (SAR) images collected in 2009 over the Barrax region, Spain, where ground truth information about onion growth stages is provided by the European Space Agency (ESA)-funded agricultural bio/geophysical retrieval from frequent repeat pass SAR and optical imaging (AgriSAR) field campaign conducted in that area. The experimental results demonstrate that polarimetric entropy or copolar coherence when used jointly with the cross-polarized intensity allows unambiguously distinguishing three phenological intervals.

Trachytherus, a typotherid from the Deseado beds of Patagonia, by Bryan Patterson --. Results of the first Marshall Field paleontological expedition to Argentina and Bolivia, 1922-24.

v.6:no.8(1934)

A new Argyrohippus from the Deseado beds of Patagonia, by Bryan Patterson --. Results of the first Marshall Field paleontological expedition to Argentina and Bolivia, 1922-24.

v.6:no.12(1935)

The first Peary collection of polar Eskimo material culture / James W. VanStone, Chairman, Department of Anthropology and Curator, North American Archaeology and Ethnology.

v.63:no.2(1972)

The internal structure of the ear in some notoungulates / by Bryan Patterson --. Results of the first Marshall Field paleontological expedition to Argentina and Bolivia, 1922-24.

v.6:no.15(1936)

[Salary of the minister of the first parish of Cambridge for 1792], undated

Small scrap of paper with a handwritten calculation of the January 1792 salary of an unidentified minister, presumably the minister of the first Parish of Cambridge based on lines for "Parsonage" and "Lexington farm fund."