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NCJ Number: 183829 Add to Shopping cart Find in a Library
Title: Protecting Privacy on the Front Page: Why Restrictions on Commercial Use of Law Enforcement Records Violate the First Amendment
Journal: Vanderbilt Law Review  Volume:52  Issue:5  Dated:October 1999  Pages:1421-1448
Author(s): Jason L. Cagle
Editor(s): John F. Preis
Date Published: 1999
Page Count: 28
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This legal note examines whether restrictions on the commercial use of law enforcement records directly advance the state's interests in privacy and in promoting professional standards of ethics and whether the restrictions are more extensive than necessary to advance these interests.
Abstract: The note traces the development of the commercial speech doctrine, analyzing U.S. Supreme Court case law up to Central Hudson and subsequent cases refining the Central Hudson framework. In the Central Hudson case, the Supreme Court articulated a four-part test to determine whether government restrictions on commercial speech violate the first amendment. The note goes on to examine recent decisions on the constitutionality of case law under the first amendment. In addition, the note analyzes whether laws restricting the use of police records fall under the commercial speech doctrine; whether they are constitutional under Central Hudson; and whether they are constitutional under a traditional time, place, and manner analysis. The author suggests the problem can be solved by either eliminating public access to sensitive information through temporary limits on commercial access or by restricting the undesirable activities themselves, rather than indirectly regulating such activities by restricting commercial use of information in public law enforcement records. 189 footnotes
Main Term(s): Police
Index Term(s): Confidential records access; Constitutional Rights/Civil Liberties; Criminal histories; Freedom of speech; Police records; Right of privacy; US Supreme Court decisions
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