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SSRN

Volume 105

Article

The Corporate Privacy Proxy

Shaakirrah R. Sanders, Professor of Law, University of Idaho College of Law. J.D., Loyola University New Orleans College of Law (2001)

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15 May 2020

 This Article contributes to the First Amendment corporate privacy debate by identifying the relevance of agriculture security legislation, or ag-gag laws. Ag-gag laws restrict methods used to gather and disseminate information about commercial food cultivation, production, and distribution—potentially creating a “right” to control or privatize nonproprietary information about animal and agribusinesses. Yet, corporate privacy rights are unrecognized as a matter of U.S. constitutional law, which implicates the sufficiency of the justification for ag-gag laws. This Article ponders whether “security” acts as a proxy for an unrecognized right to corporate privacy in the ag-gag context. Part I of this Article surveys the ag-gag landscape. Part II of this Article describes the corporate privacy debate. Part III of this Article hypothesizes how ag-gag laws arguably expand corporate privacy for animal and agribusinesses to a degree that threatens the marketplace of ideas about the industry. 

To read more, click here: The Corporate Privacy Proxy.

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