Can businesses ban Google Glass?

Answer

I cannot think of any reason why a business could not prohibit its customers from wearing Google Glass on their premises, except that it probably could not do so where the device is required for a disability.

Otherwise, it would seem that under the First Amendment, such a prohibition by a private entity would pass muster. That is because First Amendment standards are much lower when it comes to private individuals and businesses. Thus, while the government would have to meet a very high standard to justify the prohibition of the wearing of Glass on government property, the same standard would not apply to a private business.

Also, it may be that completely prohibiting the wearing of Glass is the only reasonable method by which a business can ensure that no photographs or videos are captured while on the premises (again, something that businesses can, as a general matter, regulate, while government cannot).

That said, consumers could simply vote with their feet and choose not to patronize businesses that prohibit Google Glass. Indeed, if the popularity of Glass catches on after it becomes available to the general public, businesses may not have a choice.

Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.