Cheap Speech


Book Description

An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy "A fresh, persuasive and deeply disturbing overview of the baleful and dangerous impact on the nation of widely disseminated false speech on social media. Richard Hasen, the country’s leading expert about election law, has written this book with flair and clarity.”—Floyd Abrams, author of The Soul of the First Amendment What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout? With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.




Summary of Richard L. Hasen's Cheap Speech


Book Description

Please note: This is a companion version & not the original book. Sample Book Insights: #1 The biggest distributor of election disinformation in the 2020 U. S. presidential election was not a group of Russian hackers, but President Donald Trump. He spread the Big Lie that he had won an election he had actually lost decisively to Joe Biden, and this led to the January 6, 2021, invasion of the U. Capitol and violent insurrection by Trump supporters. #2 Trump’s claims about voting and election fraud were rampant in the first half of 2020, and he made sure to share them on social media. However, these claims were proven false, and led to a blue shift in the reporting of results. #3 Trump continued to make false claims of voter fraud even after it was clear that Biden had won. He called the election rigged or stolen, and tried to get Republican state legislatures to select Trump electors. #4 Trump had a receptive audience. Right-wing personalities such as members of the president’s family were among the superspreaders, who shared a false narrative about election fraud costing Trump the presidency.




Election Meltdown


Book Description

From the nation’s leading expert, an indispensable analysis of key threats to the integrity of the 2020 American presidential election As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.




Plutocrats United


Book Description

Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.




The Justice of Contradictions


Book Description

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order




The Voting Wars


Book Description

In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.




The Misinformation Age


Book Description

“Empowering and thoroughly researched, this book offers useful contemporary analysis and possible solutions to one of the greatest threats to democracy.” —Kirkus Reviews Editors’ choice, The New York Times Book Review Recommended reading, Scientific American Why should we care about having true beliefs? And why do demonstrably false beliefs persist and spread despite bad, even fatal, consequences for the people who hold them? Philosophers of science Cailin O’Connor and James Weatherall argue that social factors, rather than individual psychology, are what’s essential to understanding the spread and persistence of false beliefs. It might seem that there’s an obvious reason that true beliefs matter: false beliefs will hurt you. But if that’s right, then why is it (apparently) irrelevant to many people whether they believe true things or not? The Misinformation Age, written for a political era riven by “fake news,” “alternative facts,” and disputes over the validity of everything from climate change to the size of inauguration crowds, shows convincingly that what you believe depends on who you know. If social forces explain the persistence of false belief, we must understand how those forces work in order to fight misinformation effectively. “[The authors] deftly apply sociological models to examine how misinformation spreads among people and how scientific results get misrepresented in the public sphere.” —Andrea Gawrylewski, Scientific American “A notable new volume . . . The Misinformation Age explains systematically how facts are determined and changed—whether it is concerning the effects of vaccination on children or the Russian attack on the integrity of the electoral process.” —Roger I. Abrams, New York Journal of Books




The Supreme Court and Election Law


Book Description

In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.




Examples & Explanations for Remedies


Book Description

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Key Features A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm’s treatment of the economic harm rule A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets A new discussion of emotional distress damages for breach of contract A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders) A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution A new section on opportunistic breach of contract in Restitution, including the Supreme Court’s recent endorsement of the section in a 2015 case A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question




The Glannon Guide to Torts


Book Description

The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, The Closer questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. The user-friendly Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. The material is broken into small, manageable pieces to help you master concepts. Multiple-choice questions are interspersed throughout each chapter (not lumped at the end) to mirror the flow of a classroom lecture. Correct and incorrect answers are carefully explained; you learn why they do or do not work. You can rely on authority; the series was created by Joseph W. Glannon Harvard-educated, best-selling author of, among other legal texts, Examples & Explanations; Civil Procedure, now in its sixth edition. The Closer poses a sophisticated problem question at the end of each chapter to test your comprehension. A final Closing Closer provides you practice opportunity as well as a cumulative review of all the concepts from earlier chapters. You can check your understanding each step of the way. More like classroom experiences, these Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick.