Privacy and Intellectual Freedom

Neil M. Richards and Joanna F. Cornwell, both of Washington University in Saint Louis School of Law, have published Privacy and Intellectual Freedom in The Handbook of Intellectual Freedom (Mark Alfino, ed., Unwin, 2014). Here is the abstract.

This essay offers an account of the complex ways intellectual freedom and privacy are interrelated. We pay particular attention to both the constitutional dimensions of these important values, as well as the important roles that social and professional norms play in their protection in practice. Our examination of these issues is divided into three parts. Part I lays out the law and legal theory governing privacy as it relates to intellectual freedom. Part II examines a special context in which law and professional norms operate together to protect intellectual freedom through privacy – the library. Finally, Part III discusses how government actions and other threats can infringe individuals’ privacy, potentially threatening intellectual freedom.

Download the essay from SSRN at the link.