Truth and Transparency
Undercover Investigations in the Twenty-First Century

This book is the first comprehensive legal, historical, and sociological examination of undercover investigations in the United States.

Alan K. Chen (Author), Justin Marceau (Author)

9781108725422, Cambridge University Press

Paperback / softback, published 31 August 2023

298 pages
22.9 x 15.4 x 1.6 cm, 0.432 kg

'For those interested in constitutional law, Truth and Transparency challenges us to reconsider when deception does - and doesn't - contribute to our understanding of the truth and thus when lies do - and don't - warrant First Amendment protection. And all readers can find plenty to admire in the book's skillful resort to history, ethics, technology, and social science to shed light on the paradoxical, and often provocative, practice of undercover investigations.' Helen Norton, Constitutional Law Jotwell

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.

1. An overview of undercover investigations in journalism and political activism
2. Evolving journalistic ethical standards regarding undercover investigations
3. Investigative deception and the First Amendment
4. Free speech protections for video recordings
5. Public perceptions of undercover investigations
6. Undercover investigations and new technologies
Conclusion.

Subject Areas: Constitutional & administrative law [LND]