Truth and Transparency: Undercover Investigations in the Twenty-First Century

Cambridge University Press, August 2023

Summary: 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 Chen and Justin Marceau examine this duality and seek to provide a socio-legal context for understanding these varying views. The book defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. The book also provides concrete empirical evidence of the broad, bipartisan support or undercover investigations and champions the practice as an essential component of the transparency our democracy needs to thrive.

Praise: “This timely, important, and fascinating book explores the legal, ethical, social, and technological dimensions of undercover investigations …Anyone who cares  about accountability in the public sphere should read this well-written and meticulously researched study.” — Lyrissa Lidsky, University of Florida Levin College of Law

“In Truth and Transparency, Alan Chen and Justin Marceau argue that undercover investigations and the right to record matters of public concern are vital to an informed public in a democratic society. They explain when the First Amendment should protect investigations and recordings and, conversely, when privacy interests should prevail. This is a comprehensive look at an important method of newsgathering in the digital age.” —Jack M. Balkin, Yale Law School