Second Class for the Second Time: How the Commercial Speech Doctrine Stigmatizes Commercial Use of Aggregated Public Records

60 Pages Posted: 16 Mar 2013

See all articles by Brian Larson

Brian Larson

Texas A&M University School of Law

Genelle I. Belmas

California State University, Fullerton

Date Written: 2007

Abstract

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.

Keywords: First Amendment, public records, data brokers, commercial speech, privacy

Suggested Citation

Larson, Brian and Belmas, Genelle I., Second Class for the Second Time: How the Commercial Speech Doctrine Stigmatizes Commercial Use of Aggregated Public Records (2007). South Carolina Law Review, Vol. 58, No. 1, 2007, Available at SSRN: https://ssrn.com/abstract=2233916

Brian Larson (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Genelle I. Belmas

California State University, Fullerton ( email )

800 N State College St
Fullerton, CA 92831
United States

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