Collection, analysis, and use of personal data increasingly affect everything we do in the information age, from our personal privacy to our opportunities for jobs, housing, travel, and health care. As algorithms for making decisions based on this data become more powerful, so too will the people and organizations who collect and use the data. Reformers will press for government regulation in the name of protecting personal privacy and preventing abuse and discrimination. In response, businesses that collect, analyze, use, distribute, and sell personal data will likely raise First Amendment defenses. It will only be natural for them to try to prevent what they regard as meddlesome and invasive government regulation by invoking the First Amendment - one of the most central of our constitutional liberties.
Date of Authorship for this Version
Balkin, Jack M., "Information Fiduciaries and the First Amendment" (2016). Faculty Scholarship Series. 5154.