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Law denying access for 'commercial purposes' unconstitutional

Article Abstract:

The US 9th Circuit Court of Appeals ruled a California law limiting access to public records unconstitutional in United Reporting Publishing Corp v. Los Angeles Police Dept. The state law refused access to records of arrested persons for commercial purposes. Because the law interfered with commercial speech, the federal court ruled that the proper test for information restriction is substantial state interest in protecting privacy not compelling need.

Publisher: Reporters Committee for Freedom of the Press
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1998
Laws, regulations and rules, Public records, California, Access control, Commercial speech doctrine

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DPPA found unconstitutional by two federal courts

Article Abstract:

The Driver's Privacy Protection Act, a law requiring that states restrict public access to the personal information in drivers' licenses and motor vehicle records, was found unconstitutional by two federal district courts in 1997 cases. The rulings were based on the Tenth Amendment, and stated that the law infringed on state sovereignty by directing that they regulate the disclosure of state-controlled information under threat of punishment.

Publisher: Reporters Committee for Freedom of the Press
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1997
Cases, Freedom of information, Automobile drivers' licenses, Drivers' licenses

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Subjects list: United States
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