A gaping question in free speech law surrounds the application of the First Amendment defense in business torts. The pervasiveness of communication technologies, the flourishing of privacy law, and the mere passage of time have precipitated an escalation in tort cases in which communication, and what the defendant may allege is free speech, lies at the heart of the matter.
On Business Torts and the First Amendment, Media Privacy and Defamation L. Comm. Newsl. (ABA, Chicago, Ill.), Winter 2014, at 1.