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This chapter examines constitutional theory and doctrine as applied to emerging government regulations of video image capture and proposes a framework that will promote free speech to the fullest extent possible without facilitating unnecessary intrusions into legitimate privacy interests.
This chapter considers some of the new technologies that make undercover investigations easier, and considers the benefits and dangers of these advances.
This chapter examines constitutional theory and doctrine as applied to emerging government regulations of video image capture and proposes a framework that will promote free speech to the fullest extent possible without facilitating unnecessary intrusions into legitimate privacy interests.
This chapter considers some of the new technologies that make undercover investigations easier, and considers the benefits and dangers of these advances.
This chapter considers how investigative deceptions fit into the traditional rationales for protecting free speech, and offers guidance on where the law is likely to evolve on these questions.
This chapter examines how the ethics of undercover investigations in the field of journalism have varied considerably over history, and are contextually driven. It is not true that the practice has always been viewed as dubious, nor is it accurate to say that it is uniformly celebrated and accepted.
This chapter considers how investigative deceptions fit into the traditional rationales for protecting free speech, and offers guidance on where the law is likely to evolve on these questions.
This chapter examines how the ethics of undercover investigations in the field of journalism have varied considerably over history, and are contextually driven. It is not true that the practice has always been viewed as dubious, nor is it accurate to say that it is uniformly celebrated and accepted.
Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency, Alan K. Chen and Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.
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