This Article compares the European and United States stances regarding the right to be forgotten. Within that context, this Article explores the implications of technological advances on constitutional rights, specifically the intersection of the right to free speech and the right to privacy, commonly referred to as the "right to be forgotten" paradox. In the United States, the trend is to favor free speech, while Europe places an emphasis on human rights. Each approach is analyzed based on supporting case law. The consequences of each approach on society, both long- and short-term, are also discussed. This Article argues that a right to be forgotten is incompatible with American First Amendment jurisprudence and that online privacy and reputation management are best handled by the private sector as our culture continues to evolve with technology.
St. Mary's University School of Law
Samuel W. Royston,
The Right to Be Forgotten: Comparing U.S. and European Approaches,
St. Mary's L.J.
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol48/iss2/4
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