Truth and Transparency Undercover Investigations in the Twenty-First Century

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 de?nes 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.

Alan K. Chen is the Thompson G. Marsh Law Alumni Professor at the University of Denver Sturm College of Law. He is the coauthor of Free Speech beyond Words: The Surprising Reach of the First Amendment (2017) and has published numerous scholarly articles in leading national law journals.
Justin Marceau is the Brookes Institute Professor of Law at the University of Denver Sturm College of Law. He is the author of Beyond Cages (2019) and a coeditor with Lori Gruen of Carceral Logics: Human Incarceration and Animal Captivity (2022). Marceau has worked with investigators, filmmakers and journalists on cases and legal projects relating to undercover investigations.