The Corporate Privacy Proxy

38 Pages Posted: 15 Oct 2019

See all articles by Shaakirrah Sanders

Shaakirrah Sanders

University of Idaho - College of Law

Date Written: October 3, 2019

Abstract

This Article contributes to the First Amendment corporate privacy debate by identifying the relevance of agriculture security legislation, or ag-gag laws. Ag-gag laws restrict methods used to gather and disseminate information about commercial food cultivation, production, and distribution and potentially create a “right” to control or privatize nonproprietary information about animal and agribusinesses. Yet, corporate privacy rights are unrecognized as a matter of U.S. constitutional law, which implicates the sufficiency of the justification for ag-gag laws. This Article ponders whether “security” acts as a proxy for an unrecognized right to corporate privacy in the ag-gag context. Part I of this Article surveys the ag-gag landscape. Part II of this Article describes the corporate privacy debate. Part III of this Article hypothesizes how ag-gag laws arguably expand corporate privacy for animal and agribusinesses to a degree that threatens the marketplace of ideas about the industry.

Keywords: First Amendment, corporate privacy, agriculture, legislation, undercover investigations

JEL Classification: K2, K30, K42, Q18

Suggested Citation

Sanders, Shaakirrah, The Corporate Privacy Proxy (October 3, 2019). Cornell Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3463848

Shaakirrah Sanders (Contact Author)

University of Idaho - College of Law ( email )

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