The New York Times reports that defense attorneys in a Florida web pornography case plan to introduce search data from Google to prove to a jury that the "community standards" are not as pristine as they might like to believe. The data comes from trends.google.com, which allows users to track and compare search queries in different geographic areas. Defense attorneys also served Google with a subpoena for more specific information on the search habits of local residents. No word yet on whether Google will comply or move to quash.
I've used a hypothetical similar to this in my First Amendment course for several years, and its always fun to happen across teachable real world scenarios. But I'm not sure which is more concerning - the pervasiveness of web pornography or being reminded of Google's ability to track my personal habits.
-Kathleen A. Bergin
cross-post First Amendment Law Prof
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