MDL Judge Rejects Clearview's 1st Amendment Defense

By Celeste Bott (February 15, 2022, 7:53 PM EST) -- An Illinois federal judge ruled Monday that facial recognition technology company Clearview AI does not have a First Amendment right to dodge multidistrict litigation claims that it unlawfully collected biometric information from photos on the internet.

U.S. District Judge Sharon Johnson Coleman ruled that Clearview couldn't escape claims under the Illinois Biometric Information Privacy Act, or BIPA, on those grounds, saying the company's argument that the capture and analysis of faceprints from public images is protected speech — and that the biometric privacy law violates the First Amendment by inhibiting the collection of public information — "oversimplifies" the allegations it faces...

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