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Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu
Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu
Faculty Articles
The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."
The Commercial Difference, Felix T. Wu
The Commercial Difference, Felix T. Wu
Faculty Articles
When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …