“Jacob’s Voice, Esau’s Hands”: Transparency as a First Amendment Right in an Age of Deceit and Impersonation

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Changes in media technology often require a reevaluation of the underlying assumptions that guide policymakers. A case in point is the electronic media’s move to digital technology. The literature that describes this transition and its policy implications has focused on the more efficient use of the electromagnetic spectrum and the increased interoperability between broadcasting, telecommunications and computers, on new applications, fragmentation of audiences, globalization, the weakening of public service broadcasting, and on expanding user control amid increasing data collection. This Article will illustrate the dangers looming in the manipulative capabilities of these new technologies, their obstructive impact on free speech, and the obstacles they pose to conducting truthful ethical discourse in society resulting in the rise of a new “culture of deceit.” As a result, it will offer a new First Amendment right—the right for transparency.

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