All posts tagged free speech

The Digital Person: Technology and Privacy in the Information Age

Daniel Solove
Founder of TeachPrivacy

 

Digital Person: Technology and Privacy in the Information Age

 

I am now offering the full text of my book The Digital Person:  Technology and Privacy in the Information Age (NYU Press 2004) online for FREE download.

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Myths About Privacy Law and the First Amendment

Daniel Solove
Founder of TeachPrivacy

Privacy and First Amendment 01

by Daniel J. Solove

In Sorrell vs. IMS Health, 131 S. Ct. 2653 (2011), the Supreme Court struck down Vermont’s Prescription Confidentiality Law as a violation of the First Amendment right to free speech. The Vermont law restricted the sale and marketing use of information that would identify prescribers without their consent. The Supreme Court reasoned that the Vermont law “enacts content- and speaker-based restrictions on the sale, disclosure, and use of prescriber-identifying information.” According to the Court, the statute made content-based restrictions because it singled out marketing, and the statute made speaker-based restrictions because it focused on pharmaceutical manufacturers. The Court stated: “The law on its face burdens disfavored speech by disfavored speakers.”

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