For more than a century American courts, legal scholars, journalists, and politicians have assumed that truth and falsehood compete in a “marketplace of ideas” and that the First Amendment freedoms of speech and of the press ensure that truth will eventually prevail. In a real marketplace, buyers and sellers possess reasonably reliable information about value. […]
Policy Analysis
The marketplace of ideas has become a flea market
June 19, 2026 | Propaganda and Persuasion
For more than a century American courts, legal scholars, journalists, and politicians have assumed that truth and falsehood compete in a “marketplace of ideas” and that the First Amendment freedoms of speech and of the press ensure that truth will eventually prevail. In a real marketplace, buyers and sellers possess reasonably reliable information about value. […]
Liar’s Kingdom and the Industrialization of Falsehood
June 19, 2026 | Propaganda and Persuasion
Andrew Weissmann in his book, Liar’s Kingdom, argues that existing law is inadequate to deal with candidates and elected officials who knowingly make false statements of fact in order to obtain or retain political power. He proposes legal reforms intended to address that problem. His concern is legitimate. Deliberate falsehoods about verifiable facts can threaten […]
Why Appellate Judges Must First Serve as Trial Judges
June 10, 2026 | Judges and Courts
This is part of series on Judges and the Judiciary Post 1 Selecting Judges In America Is A Failure Post 2 Judges Must Be Trial Lawyers First Post 3 America Replaced Barristers With Law Office Paper Shufflers Post 4 Every Business and Entrepreneur Needs a Trial Lawyer Eventually Most Americans assume that a judge is […]
Every Business and Entrepreneur Needs a Trial Lawyer Eventually
June 9, 2026 | Judges and Courts
This is part of series on Judges and the Judiciary Post 1 Selecting Judges In America Is A Failure Post 2 Judges Must Be Trial Lawyers First Post 3 America Replaced Barristers With Law Office Paper Shufflers Post 5 Why Appellate Judges Must First Serve as Trial Judges Most Businesses Do Not Need a Trial […]
America Replaced Barristers With Law Office Paper Shufflers
June 9, 2026 | Judges and Courts
This is part of series on Judges and the Judiciary Post 1 Selecting Judges In America Is A Failure Post 2 Judges Must Be Trial Lawyers First Post 4 Every Business and Entrepreneur Needs a Trial Lawyer Eventually Post 5 Why Appellate Judges Must First Serve as Trial Judges America Once Knew the Difference Between […]
Judges Must Be Trial Lawyers First
June 9, 2026 | Judges and Courts
This is part of series on Judges and the Judiciary Post 1 Selecting Judges In America Is A Failure Post 3 America Replaced Barristers With Law Office Paper Shufflers Post 4 Every Business and Entrepreneur Needs a Trial Lawyer Eventually Post 5 Why Appellate Judges Must First Serve as Trial Judges Americans entrust judges with […]