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Those who want to defend legal principles from erosion should also keep it in mind. The fact that UDR sells the information does not transform it to commercial speech any more than the fact that a magazine or newspaper is sold makes its contents commercial speech. Speakers, of course, try to manipulate our preferences all the time. Bloustein, infra note , at arguing that the former child prodigy should have won. Discovery Network, Inc. Even if the story is seen as newsworthy only because it informs the public about crime and even the Briscoe court acknowledged that the story was newsworthy in this sense , including the criminal's name still serves the important purpose of helping assure the public about the story's credibility.
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And of course these categories may overlap: Not perfect analogies, of course, but neither is the analogy between information privacy speech restrictions and computer crime laws, patent law, and regulations of securities offerings. Cowles Media principle as applicable only to those implied contracts where confidentiality really is part of most people's everyday expectations. So are stock prospectuses, which propose the purchase of stock; this is why fairly heavy SEC regulation of speech in such prospectuses is largely permissible, while similar SEC regulation of newsletters or newspapers that discuss stocks is not. Lawmakers and creative individuals alike increasingly treat as received truth the contestable intuition that producers of intellectual products should have a "right" to any income stream their labor can generate.
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The argument goes on to give examples: Likewise, while many people are annoyed by having their personal information available to marketers, some people apparently find the targeted marketing useful, or else they wouldn't buy as a result of this marketing and the marketing would become unprofitable and stop. Likewise, information privacy speech restrictions involve a tension between a constitutionally secured right to speak free of government restriction and a proposed statutory or common-law right to speak free of private revelation of private information. See text accompanying notes and infra. Revealing Briscoe's name, under this view, may have little to do with broad political debates, but it is still of intense and eminently legitimate public concern to one piece of the public:
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Whatever else sex may be, it isn't dignified, and while we may have little concern about our dignity while engaging in the act privately, this lack of concern may stem precisely from the fact that we know other people aren't watching. Schwartz, Privacy and Democracy in Cyberspace, 52 Vand. I hope their attempt to craft such a well-cabined, narrow rationale for any such new exception will be helped by this Article, which highlights some of the analogies that generally pro-speech-restriction forces might use to expand any exception that is created. This article argues that: The European Personal Data Directive, which is often praised by privacy advocates, does require countries to create a code of fair news reporting practices: Consider a telling example from an article arguing that information privacy speech restrictions serve free speech values:
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