Truth and Transparency

Truth and transparency are central to an informed democracy. This book explores how undercover investigations, though controversial, can contribute to democracy by exposing wrongdoers. Through original empirical research and doctrinal study, it examines in depth the legality of, and public opinion about, such investigations in the U.S.

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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.