Publication

M.C. Sungaila, Natasha Breaux in Law360: 9th Circ. Was Right: Suppressing the Truth is Wrong

July 08, 2020

The contours of free speech online continue to be hotly contested. For example: Is censorship of speech allowed in order to guard against discrimination? And if so, can the government prohibit factually true speech in an effort to prevent discrimination?

The U.S. Court of Appeals for the Ninth Circuit recently provided answers to these questions in IMDb.com v. Becerra, holding that a law prohibiting publication of certain truthful facts in order to prevent discrimination was unconstitutional.

At issue was a California statute that forbids posting entertainment professionals' ages and birthdates on certain online websites — in particular, the Internet Movie Database, or IMDb — upon an individual's request. The government said that the purpose of law is to prevent age discrimination by employers in the entertainment industry.

Excerpted from Law360. To read the full article, click here. (Subscription required)

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