Consumer Data Privacy and the First Amendment: The Right to be Forgotten in a Room of Your Own

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Authors

Nunn, Henry

Issue Date

2023-09

Volume

56

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4

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Journal Article

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This Note explores the current state of federal consumer data privacy laws in the United States and proposes a comprehensive consumer data privacy law—one that includes a right to be forgotten — that would not violate the First Amendment of the U.S. Constitution. Section II of this Note provides a background of federal data privacy laws in the United States and identifies the need for a comprehensive consumer data privacy law at the federal level. Section III contends that such a law would be justified as an exercise of Congress’ power to regulate interstate commerce and proposes a federal consumer data privacy law designed to respect the First Amendment’s guarantee of free speech.

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Creighton University School of Law

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