Free Speech vs. Information Privacy: Eugene Volokh's First Amendment Jurisprudence

14 Pages Posted: 15 Jan 2001  

Paul M. Schwartz

University of California, Berkeley - School of Law

Abstract

Free Speech versus Informational Privacy, 52 Stanford Law Review 1559 (2000), discusses and critiques Eugene Volokh's recent article, Freedom of Speech and Information Privacy, 52 Stanford Law Review 1049 (2000). In his article, Volokh contends that the government's safeguarding of information privacy endangers a wide range of speech unrelated to personal data. In response, I propose that a democratic society depends on realms of communication beyond that of public discourse. The difficulty is that the American law of freedom of expression is underdeveloped concerning checks on communication in the name of personal privacy. As a result, the challenge is to demonstrate that information privacy is an integral part of the mission of free speech and not its enemy. This comment argues that information privacy has an important role in protecting individual self-determination and democratic deliberation. Attention to these issues by the legal order is essential to the health of a democracy, which ultimately depends on individual communicative competence.

Suggested Citation

Schwartz, Paul M., Free Speech vs. Information Privacy: Eugene Volokh's First Amendment Jurisprudence. Stanford Law Review, Vol. 52, P. 1559, 2000. Available at SSRN: https://ssrn.com/abstract=248415 or http://dx.doi.org/10.2139/ssrn.248415

Paul M. Schwartz (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall #7200
Berkeley, CA 94720-7200
United States

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