Free Speech and Anti-Knowledge

My last post described a risk-based approach to First Amendment protection of scientific claims, and showed why this shift would constrain some of the legal rules that currently apply to commercial speech. Although a risk-based approach would give the government less latitude to regulate scientific claims made by commercial speakers, it should give the government […]

Product-Defining Speech

The state of Florida requires all milk sold in the state to contain Vitamin A. Thus, skim milk products, which have most of the naturally-occurring Vitamin A skimmed off with the cream, has to be fortified with added Vitamin A in order to meet Florida’s standards. This was a problem for the Ocheesee Creamery, which […]

Blog Post Series: Products and the First Amendment

For the last two years, I have been researching and writing about information law in the service of product health and safety regulations. This includes advertising restrictions, mandated disclosure rules, and research regulations. I have not had the chance to pull my various projects together until now. Over the next five days, I will summarize […]

Modern Free Speech Is More Originalist Than You Think

This is a guest post by Tyler Broker, affiliate Privacy & Free Expression research fellow. Tyler’s new article, Free Speech Originalism, will be published in the Albany Law Review and is currently available in draft form on SSRN. During my time in law school, the biggest disagreements I witnessed among my peers were over the basic premises of […]

The Arizona Board of Regents Get an F in FOIA Law

My home institution is undergoing a presidential search right now. Today, I heard a puzzling story during the local segment of my NPR station: The 27-person presidential search committee has interviewed prospective candidates for president of the University of Arizona, and it has sent the Arizona Board of Regents a short list of names for […]

Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman

(Cross-posted at the Technology & Marketing Law Blog.) Aaron Hirschman, a self-proclaimed “Internet troll,” posted the following message on Craigslist: Wanna make an easy $20 for voting? (Downtown Bend) Are you interested in making a quick and easy $20? Meet us in the parking lot downtown near the drop off voting booth this weekend. All […]

Free Speech Challenges to Credit Card Surcharge Laws

I recently helped write and organize an amicus brief urging the Supreme Court to grant cert in Expressions Hair Design v. Schneiderman. The case involves a circuit split on the constitutionality of “no surcharge” laws in New York, Florida, and a few other states. These states allow retailers to give “discounts” to cash and check payers but forbid […]

Diffensive Privacy

A Response to the Criticisms of Fool’s Gold: An Illustrated Critique of Differential Privacy By Jane Bambauer and Krish Muralidhar Two years ago, we coauthored an article that challenged the popular enthusiasm for Differential Privacy. Differential Privacy is a technique that permits researchers to query personal data without risking the privacy of the data subjects. It […]

Tyler Broker on Expanding the “No Speculation” Test in Free Speech Cases

My friend and former student Tyler Broker is publishing an interesting and provocative free speech essay in the Gonzaga Law Review. I’ve asked Tyler to prepare a guest blog post. A draft of the full essay is available here. Who would be so base as to challenge the conventional wisdom that commercial speakers receive less […]

Is De-Identification Dead Again?

Earlier this year, the journal Science published a study called “Unique in the Shopping Mall: On the Reidentifiability of Credit Card Metadata” by Yves-Alexandre de Montjoye et al. The article has reinvigorated claims that deidentified research data can be reidentified easily. These claims are not new, but their recitation in a vaunted science journal led […]