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.
Can the Constitution stop the government from lying to the public?theconversation.com
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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Ben Droz
Ben Droz







U.S. President Donald Trump speaks during a campaign rally at Pinnacle Bank Expo Center on the Nebraska State Fairgrounds on October 05, 2026 in Grand Island, Nebraska.
The President Invited Iran to Bomb My Home
I was driving home to San Diego from Los Angeles on Monday night when I heard that the President of the United States had offered both cities up to Iran as bomb targets. At a rally in Nebraska, defending his war, Trump told the crowd, “let [Iran] take out Los Angeles, let ‘em take out San Diego.” It was, he said, “a very small price to pay.”
I was coming from a Bernie Sanders rally for Proposition 40, the one-time tax on California billionaires that would send 90% of its revenue to healthcare. We desperately need it to pass because, in order to give tax breaks to billionaires, Trump signed a law that will strip health coverage from 10 million Americans; this tax will make sure we can still cover Californians. Call me crazy, but I think taxing billionaires one time so we can make sure kids in California get to see a doctor is a very small price to pay. I also think that even if Trump were joking, it is indefensible to make jokes about the potential destruction of so many lives. Human life is never a small price to pay. Human life is priceless.
Plus, the reality is: here in San Diego, we’re already paying the price for Trump’s actions, and it’s not small at all. He has gutted FEMA, tried to kill climate resiliency programs, and destroyed public health standards, while his signature law is set to cut off health insurance and food support for hundreds of thousands of San Diegans. Like plenty of American cities, San Diego is already busy finding local solutions to respond to the problems this president has recklessly created.
Not to mention, at least 19 American service members have been killed in this war already. Human rights monitors have documented more than 3,600 dead in Iran by April alone. Here at home, gas is sitting just pennies below its all-time record. Taxpayers have already spent more than $45 billion on the war, while Trump’s oil and gas portfolio has grown by roughly $15.5 million this year alone. Of course anything is a “small price” to someone paying free.99 for this war, and profiting from it. Meanwhile, We the People are paying twice: first for the war, and then for the consequences of that war. But now he wants San Diego to pay a third time, flippantly offering us up to Iran.
It is worth noticing which cities he thought to name. Were San Diego and Los Angeles strategically chosen to signify something to his audience, or were they simply the first cities that came to mind as expendable places? Either way, the effect is to normalize—-and to gauge a crowd’s reaction to–the idea of massive violence in major California cities, suitable targets because of their perceived liberal lean. So what if Iran needs to bomb a little bit of America before the war can be over? Who cares, says Trump, if they target Los Angeles and San Diego?
By the way, why didn’t he offer up San Francisco, the free-love hippie-town MAGA loves to hate (and also my birthplace)? Could it be because that’s where the tech titans live? The same ones who joined Trump for Xi Jinping’s state dinner, a guest list worth a combined $2.4 trillion?
San Diego may have fewer billionaires, but it is home to more than 115,000 active-duty service members and 230,000 veterans. One in six active-duty sailors–in the entire Navy–is stationed here. So is one in four Marines. You cannot throw a rock in this county without hitting a military family: brats and spouses and veterans are among us. I got out of the Navy last year after ten years, and eight of those were here in San Diego. When Trump says “let ‘em take out San Diego,” he’s talking about the backbone of the United States military. He’s also talking about the people fighting his war.
San Diego has not been watching this war from the sidelines. Today, the USS Abraham Lincoln returns to North Island after an almost yearlong deployment to the Middle East that featured food shortages, broken toilets, and mold in the showers after 286 days at sea without a single port call. Eight sailors in the Lincoln’s strike group attempted suicide, but in August, when a reporter asked whether the deployment had gone on too long, Trump said “not nearly long enough.” Now he has told a crowd in Nebraska that we should let Iran take out the city those sailors call home. These are sociopathic sentiments.
Last week at Quantico, Pete Hegseth closed his address to the force by telling them, “President Trump has your back and so do I.” To the contrary, President Trump has put one of the biggest military towns in the country forward as a target for our adversaries. With friends like these, the “domestic” in “against all enemies, foreign and domestic” starts to sound a lot less hypothetical.
San Diego is home to Naval Air Station North Island, Naval Base San Diego, Naval Amphibious Base Coronado, the Point Loma submarine base, Camp Pendleton, and Miramar (and I have been permanently stationed at or trained at all of them). If Iran bombed San Diego and Los Angeles, aside from the devastating loss of life, it would cripple an immense share of our national security readiness.
And for what, exactly? Trump says the war is “essentially almost over with.” This is the same man who claimed in June 2025 that Iran’s nuclear program had been “obliterated,” then launched a war over it anyway on February 28. More than seven months later, he wants us to believe two things at once: that we’ve basically won, and that we might need to sacrifice an American city or two to finish winning. If the war is almost over, why does anybody need to take out San Diego?
I wonder if Trump’s endorsed candidate for California’s 48th District here in San Diego County will respond to these remarks. He recently said “no pain, no gain,” when referring to the gas prices San Diegans are paying. Jim Desmond, would you apply that same mindset if we were bombed? Or do you have the moral courage to stand up for the people you’re running to represent?
Last November, six Democratic members of Congress, all veterans, including Senator Mark Kelly, recorded a video reminding troops of their duty to disobey unlawful orders, restating the law that says so. Trump called it “SEDITIOUS BEHAVIOR, punishable by DEATH,” and then his Justice Department went looking for an indictment, which a grand jury refused. The president treated reading the law out loud to the troops as a capital offense, but then he himself invited a foreign enemy to destroy two American cities, possibly as a punchline. Is anyone calling the latter sedition? Who is demanding accountability?
Calling our lives a small price to pay affirms a moral bankruptcy, as well as an obvious dereliction of duty to the office he holds. While we can’t impeach him or invoke the 25th Amendment ourselves, we must stop being so quiet about what we’re paying already. We can make our voices heard by calling our representatives, writing op-eds, knocking doors, phone banking, and voting in defiance of the man who threatens the safety of our city. Ballots are already arriving in mailboxes. Vote, and vote yes on 40 (and no on 41 and 42).
Trump has been harming our cities for a while, but now he is inviting our military adversaries to join him in the harm. If we have any self-respect as Americans, we must not tolerate our leaders disregarding the dignity of lives in this way. We must fight for our home.
Julie Roland was a Naval Officer for ten years, deploying to both the South China Sea and the Persian Gulf as a helicopter pilot before separating in June 2025 as a Lieutenant Commander. She has a law degree from the University of San Diego, a Master of Laws from Columbia University, and is a member of the Truman National Security Project.