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43 Brandeis L.J. 667 (2004-2005)
Access Denied: How State Laws Limiting Access to Government Reports Result in an Unfair Restriction on Commercial Speech

handle is hein.journals/branlaj43 and id is 677 raw text is: ACCESS DENIED: HOW STATE LAWS LIMITING ACCESS TO GOVERNMENT REPORTS RESULT IN AN UNFAIR RESTRICTION ON COMMERCIAL SPEECH Sarah Coker* I. INTRODUCTION Americans worry about privacy. Whether it is concern about Peeping Toms or the availability of social security numbers, people want to be certain that access to their private lives is tightly controlled. This concern has not gone unnoticed by state legislatures. California, Florida, and Kentucky have all taken steps to control access to specific government reports.' Recent revisions to Kentucky and Florida law now restrict who may view automobile accident reports.2 California revised its law to control who may view arrest records.' Challenges to Kentucky and California law quickly followed,4 and Florida does not appear to be far behind.5 Changes to state laws and the effects of the changes on access to information are the focus of this Note, particularly the changes in Kentucky and California. While the legislation appears to affect only those people and businesses that use the information for commercial purposes, the potential ramifications of limiting access to public records are far-reaching. State legislatures have the power to expand the categories of documents the public can no longer view simply by citing vague concerns about privacy. Further, J.D. expected May 2005. See CAL. GOV'T CODE § 6254(0(3) (West 2004); FLA. STAT. ANN. § 316.066(3)(c) (West 2001); Ky. REV. STAT. ANN. § 189.635(5)(Michie 2003). 2 FLA. STAT. ANN. § 316.066(3)(c) (West 2001); KY. REV. STAT. ANN. § 189.635(5) (Michie 2003). 3 CAL. GoV'T CODE § 6254(0(3) (West 2004). 4 See Amelkin v. McClure, 330 F.3d 822 (6th Cir. 2003); and L.A. Police Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (1999). 5 Mark K. Delegal & Allison P. Pittman, Article, Florida No-Fault Insurance Reform: A Step in the Right Direction, 29 FLA. ST. U. L. REV. 1032 (2002) (discussing how Florida's imposition of a penalty for access to the records makes it ripe for a challenge).

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