Is Privacy Law Constitutional? Is Personal Data Speech?
Professor Neil M. Richards (Washington University School of Law) has posted a draft chapter of his forthcoming book about privacy law and free speech. It is a fascinating piece -- very accessible and engaging. It’s called Why Data Privacy Law is (Mostly) Constitutional.
Eyebrows were raised a few years ago when the U.S. Supreme Court struck down a privacy statute in Sorrell v. IMS Health, I