Judge Rules That Press Can Use Perp Walk Photos; Freedom Of The Press Lives
from the phew dept
Last month, we were troubled by the fact that a judge in NY was even considering barring local newspapers from using photos of a politician handcuffed in their news coverage about him. The judge was afraid it could bias a jury, but the newspapers pointed to that whole "freedom of the press" bit. Vince writes in to let us know that the judge has in fact allowed the press to use the photos, correctly noting that the First Amendment issue seems to outweigh the others. Still, it remains troubling that the question even lingered as long as it did, and that the judge needed to justify the decision with such precise details (including the idea that it was okay because NY is a large metro area, and because the time difference between the photos and the trial). It seems like it should be pretty straightforward that a court shouldn't be able to get involved in the editorial decisions of a newspaper, so long as what the newspaper is printing is truthful.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: first amendment, freedom of the press, perp walk, photos
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It is creating the appearance of guilt, where none may exist. Intentional use of perp walks is a pretty nasty thing.
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It's safe to assume that the jury would already know that the person there has been arrested...
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Blind Justice ?
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Re: Blind Justice ?
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Re: Re: Blind Justice ?
do you watch the news ?
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"Started in 1997 by Floor64 founder Mike Masnick and then growing into a group blogging effort, the Techdirt blog uses a proven economic framework to analyze and offer insight into news stories about changes in government policy, technology and legal issues that affect companies ability to innovate and grow."
Please read the last sentence of the paragraph.
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It's about first amendment rights -- which we talk about on quite a regular basis.
Techdirt has become primarily a sounding board for screeds against those who claim for whatever reason a hearing for their property rights,
Huh? We're 100% in favor of property rights. I'm not sure why you're suggesting otherwise. What we disagree with are those who try to extend property rights beyond the purpose of property.
but please give me a justification for this story on TechDirt, other than that it buttresses the arguments for the poster's favorite cause.
Again it is a 1st amendment issue -- which is a topic we have written about extensively since the beginning of the site.
We write about what we find interesting. Many of our readers find these posts interesting as well.
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Does bring up a larger issue
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Re: Does bring up a larger issue
In the case of hot chicks, I think they should publish photos of body cavity searches too.
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You know..
You know, it kinda makes wonder if after you've been found innocent you could sue both the media outlets and the reporters (make sure they're homeless, destitute and blackballed from ever working in the media again) so that nobody else will ever have to walk the gauntlet.
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You think so? Well, you opened your mouth with it, so go ahead now and explain how that works.
Waiting...
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Re: Re: You know..
In the United States, police officers and other government officials are shielded from false arrest lawsuits through a process known as "qualified immunity".
Try again.
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Rights of the Press
While I agree that the judge ruled appropriately, the author's indignation that the issue was ever entertained is misplaced.
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Re: Rights of the Press
And I'm tired of people falsely claiming that "you can't yell FIRE in a crowded movie theater."
http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater
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Perp Walks
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