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 and fraud-are simply not covered by the Constitution\u27s free speech clause.\u27 But it is equally clear that some lies, even intentionally lying about military honors, are entitled to First Amendment protection. Until very recently, however, it has been taken for granted in Supreme Court doctrine and academic writing that any constitutional protection for lies is purely prophylactic-it provides protection to the truth-speaker by also incidentally protecting the liar. What remains unresolved is whether other rationales might also justify First Amendment protection for lies. This Article argues that some lies-what we call high value lies-have instrumental value that advances the goals underlying freedom of speech. It develops a trifurcated doctrinal taxonomy of constitutional protection for lies. Some misrepresentations receive no protection at all; some false statements are protected only because the protection of the liar ensures that the speech of the truthful person is not indirectly chilled, and, in our view, some lies must be protected for their own sake. This framework is descriptively novel and doctrinally important because we provide the first comprehensive look at the wide range of lies that may raise First Amendment issues in the wake of United States v. Alvarez, and analyze the proper level of constitutional scrutiny applicable to regulations of each type of lie. Beyond doctrine, we advance the thesis that constitutional protection for high value lies is firmly rooted in First Amendment theory because false speech can paradoxically facilitate or produce truth

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

Free Speech and Democracy in the Video Age

The pervasiveness of digital video image capture by large segments of the public has produced a wide range of interesting social challenges, but also presents provocative new opportunities for free speech, transparency, and the promotion of democracy. The opportunity to gather and disseminate images, facilitated by the reduced expense and easy access to camera phones and other hand-held recording devices, decentralizes political power in transformative ways. But other uses of this technology represent potentially significant intrusions on property rights and personal privacy. This tension creates a substantial dilemma for policymakers and theorists who care about both free speech and privacy. Because of these putative social interests, laws governing video image capture are becoming more widespread across a number of different regulatory regimes, from Federal Aviation Administration regulations of drone recordings to bans on recordings of police officers performing their duties to so-called Ag-Gag laws, which criminalize the video recording of incidents of animal abuse at commercial agricultural facilities. In this Article, we examine constitutional theory and doctrine as applied to emerging government regulations of video image capture and propose a framework that will promote free speech to the fullest extent possible without presenting unnecessary intrusions into privacy interests. The Article first argues that video recording is a form of expression or, at the very least, is conduct that serves as a necessary precursor of expression such that it counts as speech within the meaning of the First Amendment. We continue with the novel argument that none of the features that make video recording a form of speech apply differently when the recording takes place on private property. Next, we examine under what circumstances video recording is constitutionally protected. We claim that video recording in public places or on private property with the consent of those recorded is presumptively protected speech under the First Amendment. But we also argue that the right to record attaches even when the recording is nonconsensual and occurs on private property, as long as the material recorded is a matter of public concern. While we acknowledge that the First Amendment does not limit the enforceability of generally applicable prohibitions on access to private property, we nonetheless suggest that a recording of activity that is a matter of public concern and is done by someone who is lawfully present on that private property is protected speech. That is not to say that all regulation of such recordings violates the First Amendment, and we therefore address when countervailing governmental interests might justify limitations on the right to record, including tangible property interests and reasonable privacy expectations. Throughout this part, we draw on examples of laws regulating video recordings to suggest how our proposed model for a right to record would apply in context. The First Amendment model developed in this

Improved iron-tolerance in recycled aluminum alloys via direct strip casting process

Recycled aluminum alloys are pivotal for sustainable manufacturing, offering strength, durability, and environmental advantages. However, the presence of iron (Fe) impurities poses a major challenge, undermining their properties and recyclability. Conventional manufacturing processes result in coarse Fe-rich intermetallic compounds that limit the tolerance of Fe content and negatively influence performance of advanced aluminum alloys. To address this, rapid solidification techniques like direct strip casting have been explored. In this work, a detailed study of the strip cast microstructure was conducted by scanning electron microscopy, electron backscattered diffraction and atom probe tomography. Our results reveal that alloys produced by DSC exhibit significantly refined microstructures and are free from coarse Fe-rich intermetallics, thereby retaining the majority of Fe in solid solution. These findings indicate that strip casting significantly enhances Fe-tolerance in aluminum alloys, making it an attractive process for future aluminum recycling, with implications for sustainable high-performance applications

Is Gravitational Lensing by Intercluster Filaments Always Negligible?

Intercluster filaments negligibly contribute to the weak lensing signal in general relativity (GR), $\gamma_{N}\sim 10^{-4}-10^{-3}$. In the context of relativistic modified Newtonian dynamics (MOND) introduced by Bekenstein, however, a single filament inclined by $\approx 45^\circ$ from the line of sight can cause substantial distortion of background sources pointing towards the filament's axis ($\kappa=\gamma=(1-A^{-1})/2\sim 0.01$); this is rigorous for infinitely long uniform filaments, but also qualitatively true for short filaments ($\sim 30$Mpc), and even in regions where the projected matter density of the filament is equal to zero. Since galaxies and galaxy clusters are generally embedded in filaments or are projected on such structures, this contribution complicates the interpretation of the weak lensing shear map in the context of MOND. While our analysis is of mainly theoretical interest providing order-of-magnitude estimates only, it seems safe to conclude that when modeling systems with anomalous weak lensing signals, e.g. the "bullet cluster" of Clowe et al., the "cosmic train wreck" of Abell 520 from Mahdavi et al., and the "dark clusters" of Erben et al., filamentary structures might contribute in a significant and likely complex fashion. On the other hand, our predictions of a (conceptual) difference in the weak lensing signal could, in principle, be used to falsify MOND/TeVeS and its variations.Comment: 11 pages, 6 figures, published versio

Nanoscale Analysis of Frozen Water by Atom Probe Tomography Using Graphene Encapsulation and Cryo-Workflows: A Parametric Study

There has been an increasing interest in atom probe tomography (APT) to characterise hydrated and biological materials. A major benefit of APT compared to microscopy techniques more commonly used in biology is its combination of outstanding 3D spatial resolution (~0.2 nm) and mass sensitivity. APT has already been successfully used to characterise biological materials, revealing key structural information at the atomic scale, however there are many challenges inherent to the analysis of hydrated materials. New preparation protocols, often involving sample preparation and transfer at cryogenic temperature, enable APT analysis of hydrated materials and have the potential to enable 3D atomic scale characterisation of biological materials in the near-native hydrated state. In this study, APT specimens of pure water at the tips of tungsten needles were prepared at room temperature by graphene encapsulation. A parametric study was conducted where samples were transferred at either room temperature or cryo-temperature and analysed by APT by varying parameters such as the flight path and pulsing mode. The differences between the acquisition scenarios are presented along with recommendations for future studies

Analysis of electron-positron momentum spectra of metallic alloys as supported by first-principles calculations

Electron-positron momentum distributions measured by the coincidence Doppler broadening method can be used in the chemical analysis of the annihilation environment, typically a vacancy-impurity complex in a solid. In the present work, we study possibilities for a quantitative analysis, i.e., for distinguishing the average numbers of different atomic species around the defect. First-principles electronic structure calculations self-consistently determining electron and positron densities and ion positions are performed for vacancy-solute complexes in Al-Cu, Al-Mg-Cu, and Al-Mg-Cu-Ag alloys. The ensuing simulated coincidence Doppler broadening spectra are compared with measured ones for defect identification. A linear fitting procedure, which uses the spectra for positrons trapped at vacancies in pure constituent metals as components, has previously been employed to find the relative percentages of different atomic species around the vacancy [A. Somoza et al. Phys. Rev. B 65, 094107 (2002)]. We test the reliability of the procedure by the help of first-principles results for vacancy-solute complexes and vacancies in constituent metals.Comment: Submitted to Physical Review B on September 19 2006. Revised version submitted on November 8 2006. Published on February 14 200