In United States constitutional law, false statements of fact are assertions, which are ostensibly facts, that are false. Such statements are not always protected by the First Amendment. This is usually due to laws against defamation, that is making statements that harm the reputation of another. In those cases, freedom of speech comes into conflict with the right to privacy. Because it is almost impossible for someone to be absolutely sure that what they say (in public) is true, a party who makes a false claim isn't always liable. Whether such speech is protected depends on the situation. The standards of such protection have evolved over time from a body of Supreme Court rulings.
In United States constitutional law, false statements of fact are assertions, which are ostensibly facts, that are false. Such statements are not always protected by the First Amendment. This is usually due to laws against defamation, that is making statements that harm the reputation of another. In those cases, freedom of speech comes into conflict with the right to privacy. Because it is almost impossible for someone to be absolutely sure that what they say (in public) is true, a party who makes a false claim isn't always liable. Whether such speech is protected depends on the situation. The standards of such protection have evolved over time from a body of Supreme Court rulings. One of the landmark cases that established such standards was New York Times v. Sullivan (1964). In that case, the court ruled that statements about public officials must be given more protection in order to avoid squelching public debate. Similar protections were later expanded to statements about public figures (not just officials), and matters of "public concern" (including those involving private parties). Other examples of false statements of fact that do not receive First Amendment protection include false advertising, as in Lexmark International, Inc. v. Static Control Components, Inc. (2014) and POM Wonderful LLC v. Coca-Cola Co. (2014), and commercial speech to commit fraud as in Central Hudson Gas & Electric Corp. v. Public Service Commission (1980). (en)
In United States constitutional law, false statements of fact are assertions, which are ostensibly facts, that are false. Such statements are not always protected by the First Amendment. This is usually due to laws against defamation, that is making statements that harm the reputation of another. In those cases, freedom of speech comes into conflict with the right to privacy. Because it is almost impossible for someone to be absolutely sure that what they say (in public) is true, a party who makes a false claim isn't always liable. Whether such speech is protected depends on the situation. The standards of such protection have evolved over time from a body of Supreme Court rulings. (en)
