Norton is the Rothgerber chair in Constitutional Law at the University of Colorado Boulder.
When regular people lie, sometimes their lies are detected, sometimes they're not. Legally speaking, sometimes they're protected by the First Amendment – and sometimes not, like when they commit fraud or perjury.
But what about when government officials lie?
I take up this question in my recent book, "The Government's Speech and the Constitution." It's not that surprising that public servants lie – they are human, after all. But when an agency or official backed by the power and resources of the government tells a lie, it sometimes causes harm that only the government can inflict.
My research found that lies by government officials can violate the Constitution in several different ways, especially when those lies deprive people of their rights.
Consider, for instance, police officers who falsely tell a suspect that they have a search warrant, or falsely say that the government will take the suspect's child away if the suspect doesn't waive his or her constitutional rights to a lawyer or against self-incrimination. These lies violate constitutional protections provided in the Fourth, Fifth and Sixth Amendments.
If the government jails, taxes or fines people because it disagrees with what they say, it violates the First Amendment. And under some circumstances, the government can silence dissent just as effectively through its lies that encourage employers and other third parties to punish the government's critics. During the 1950s and 1960s, for example, the Mississippi State Sovereignty Commission spread damaging falsehoods to the employers, friends and neighbors of citizens who spoke out against segregation. As a federal court found decades later, the agency "harassed individuals who assisted organizations promoting desegregation or voter registration. In some instances, the commission would suggest job actions to employers, who would fire the targeted moderate or activist."
And some lawsuits have accused government officials of misrepresenting how dangerous a person was when putting them on a no-fly list. Some judges have expressed concern about whether the government's no-fly listing procedures are rigorous enough to justify restricting a person's freedom to travel.

When a person or agency backed by the power and resources of the government tells a lie, it sometimes causes harm that only the government can inflict.
But in other situations, it can be difficult to find a direct connection between the government's speech and the loss of an individual right. Think of government officials' lies about their own misconduct, or their colleagues', to avoid political and legal accountability – like the many lies about the Vietnam War by President Lyndon Johnson's administration, as revealed by the Pentagon Papers.
Those sorts of lies are part of what I've called "the government's manufacture of doubt." These include the government's falsehoods that seek to distract the public from efforts to discover the truth. For instance, in response to growing concerns about his campaign's connections to Russia, Donald Trump claimed his predecessor that Barack Obama had wiretapped him during the campaign, even though the Department of Justice confirmed that no evidence supported that claim.
Decades earlier, in the 1950s, Sen. Joseph McCarthy sought both media attention and political gain through outrageous and often unfounded claims that contributed to a culture of fear in the country.
When public officials speak in these ways, they undermine public trust and frustrate the public's ability to hold the government accountable for its performance. But they don't necessarily violate any particular person's constitutional rights, making lawsuits challenging at best. In other words, just because the government's lies hurt us does not always mean that they violate the Constitution.
There are other important options for protecting the public from the government's lies. Whistleblowers can help uncover the government's falsehoods and other misconduct. Recall FBI Associate Director Mark Felt, Watergate's "Deep Throat"source for The Washington Post's investigation, and Army Sgt. Joseph Darby, who revealed the mistreatment of prisoners at Abu Ghraib. And lawmakers can enact, and lawyers can help enforce, laws that protect whistleblowers who expose government lies.
Legislatures and agencies can exercise their oversight powers to hold other government officials accountable for their lies. For example, Senate hearings led McCarthy's colleagues to formally condemn his conduct as "contrary to senatorial traditions and … ethics."
In addition, the press can seek documents and information to check the government's claims, and the public can protest and vote against those in power who lie. Public outrage over the government's lies about the war in Vietnam, for example, contributed to Johnson's 1968 decision not to seek reelection. Similarly, the public's disapproval of government officials' lies to cover up the Watergate scandal helped lead to President President Richard Nixon's 1974 resignation.
It can be hard to prevent government officials from lying, and difficult to hold them accountable when they do. But the tools available for doing just that include not only the Constitution but also persistent pushback from other government officials, the press and the people themselves.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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A view of the U.S. Capitol in Washington, D.C., on June 25, 2026. President Donald Trump jolted Republicans during a fiery appearance at the U.S. Capitol on Wednesday, scrapping a housing bill signing ceremony and clashing behind closed doors with a party rebel who challenged him over the Iran war. Trump had been expected to sign the bipartisan housing.
Only Trump doesn’t care about housing
It was August 15, 2024. Then candidate Donald Trump stepped out of his Bedminster, New Jersey, golf club’s columned clubhouse to a gaggle of reporters. He was flanked by tables of groceries and signs showing the rising cost of food. Also on one of the tables was a dollhouse, meant to represent the equally alarming rise in housing prices.
It was a speech about the economy, the single most important issue of the 2024 election cycle, full of promises that went right to the heart of Americans’ anxieties. While former President Joe Biden and then Vice President Kamala Harris were contorting themselves to posture a good economy that just needed more time to recover from the pandemic, Trump was preying on voters’ very real fears of unaffordable gas, groceries, and homes. It was obviously a winning message.
In that speech, Trump promised, “We’re going to open up tracts of federal land for housing construction. We desperately need housing for people who can’t afford what’s going on now.”
As of mid-2023, there had been a housing shortage of nearly four million homes, according to the National Association of Realtors. Americans all over the country were either priced out of buying new homes due to low inventory, trapped in their existing homes by sky-high mortgage rates, or facing exorbitant rent hikes thanks to corporate investors buying up rental properties. Americans needed help, and Trump promised it.
Cut to March of 2026, when Trump reportedly told House Speaker Mike Johnson, “No one gives a sh*t about housing.”
That kind of thinking may explain why Trump this week suddenly announced he was canceling a signing ceremony for the bipartisan “21st Century ROAD to Housing Act,” a housing bill co-sponsored by Sens. Elizabeth Warren and Tim Scott that passed the House 358-32 and was approved in the Senate on Monday.
Trump instead demanded Congress pass the SAVE America Act, his controversial election grievance bill that doesn’t have enough Republican support to get passed in the Senate.
It’s just the latest in a line of policy self-owns where Trump has seemingly intentionally made life more difficult for Republicans hoping to keep their majority. Despite midterm elections occurring in the midst of a blistering economy and an unpopular war, they were surely hoping the housing bill would give them something — anything — to brag about when they returned home to their districts.
And very much to the contrary, Americans do give a sh*t about housing. According to a recent survey by the Bipartisan Policy Center, a whopping 79% say the cost of housing is extremely or very important to them. Eighty-three percent say Congress should take action on the issue — like it just did. Eighty-nine percent say the House and Senate need to work together to pass affordable housing legislation — like they just did. And 63% say they would be more likely to vote for a lawmaker if they helped pass legislation to build more affordable homes and lower housing costs — like they just did.
There aren’t many issues that unite Americans like housing does, and very few bipartisan policy wins Congress can point to, and yet, Trump is holding that bill hostage in order to get his pet project — which doesn’t even have the support of his own party — pushed through.
If you’re trying to make sense of something so nonsensical, as I’m sure many Republican lawmakers are, it’s certainly sad but not actually all that complicated. Trump said what he needed to get reelected and then promptly abandoned his promises in order to pursue his own self-interests, even if those interests are bad for Republicans and bad for voters.
That’s just the kind of guy he is.
S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.